Brown v. New York State & Local Retirement System

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 the Comptroller which denied petitioner’s application for disability retirement benefits.

Petitioner, a cleaner formerly employed by the State University of New York at Buffalo, claimed that she was injured in April 2009 when a wheeled recycling bin she was attempting to move out of the way so that she could sweep the floor tipped over and pinned her to the ground. According to petitioner, the two bins she had moved earlier had been empty and,…