Cunningham v. Regan

Levine, J. (dissenting). The Comptroller’s determination cavalierly forfeiting petitioner’s right to a disability pension, earned over the course of her 13 years of State employment, should be annulled on either of two alternative grounds.

*924First, regardless of whether retroactive effect is given to petitioner’s appointing authority’s backdating of the period of her leave without pay, undeniably she was actually in State service on January 7, 1981 when she filed for retirement. On that date, her application for occupational injury leave with pay was as yet unresolved and working its way through…