Callace v. New York State Employees Retirement System

OPINION OF THE COURT

John G. Connor, J.

Petitioner challenges respondent’s determination denying *392his application for ordinary disability retirement benefits pursuant to Retirement and Social Security Law § 62. On February 15, 1984 petitioner’s employment at the State Kingsboro Psychiatric Center in Brooklyn terminated. Petitioner did not file an application for disability benefits until March 28, 1985, far beyond the 90-day period in which to file for such benefits after the termination of employment (Retirement and Social Security Law § 62 [aa] [2]).

At the hearing convened by respondent,…