O'Marah v. Levitt

I would affirm the order of the Appellate Division.

The two-year time limitation on the filing of disability retirement applications was added to section 79 of the Civil Service Law (the predecessor of Retirement and Social Security Law, § 63) by chapter 926 of the Laws of 1956. This amendment was the direct result of the decision in Matter of Silson v. New York State Employees’ Retirement System (208 Misc. 59, affd. without opn. 286 App. Div. 936).

In Matter of Silson, the employee sustained an injury in the course of his employment on August 31, 1950, which rendered him unable to continue…