Kushner v. New York State Comptroller

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Comptroller which denied petitioner’s application for disability retirement benefits.

Petitioner was formerly employed as a nurse at Nassau University Medical Center. In the course of her employment, she suffered a neck and shoulder strain while attempting to relocate several patients. In light of her injuries, petitioner’s physician recommended that she cease her work activities.

Approximately two months later, petitioner applied to…