Legal Opinion
Callace v. New York State Employees' Retirement System
Appellate Division of the Supreme Court of the State of New York
Decided May 5, 1988PublishedCited by 5 opinions
1Opinion of the Court
— Harvey, J.
On February 15, 1984, petitioner was terminated from his position as an assistant cook at Kingsboro Psychiatric Center in Brooklyn. At the time of his termination, petitioner was apparently suffering from severe mental disorders which allegedly prevented him from performing his employment duties. Over a year later, on March 26, 1985, petitioner filed an application for ordinary disability retirement benefits. The application was disapproved by the Comptroller upon the ground that petitioner failed to apply while "in service” or within 90 days of the termination of his employment…
2Cases cited3 opinions
- Fiedelman v. New York State Department of HealthNew York Court of Appeals · 1983
- Hudak v. State of New York Policemen's & Firemen's Retirement SystemNew York Supreme Court · 1980
- Callace v. New York State Employees Retirement SystemNew York Supreme Court · 1987
3Cited by5 opinions
- Smith v. New York State & Local Retirement SystemsAppellate Division of the Supreme Court of the State of New York · 1993
- Brown v. Cash Management Trust of AmericaDistrict Court, D. Maryland · 1997
- Jarek v. McCallAppellate Division of the Supreme Court of the State of New York · 2000
- Grossman v. McCallAppellate Division of the Supreme Court of the State of New York · 1999
- Banks v. New York State & Local Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2002