Toth v. McCall

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

Petitioner, a former supervisor with the Education Department, filed an application for ordinary disability retirement benefits alleging that job-related stress, depression, anxiety and substance abuse rendered him permanently disabled from the performance of his duties. Following a series of hearings, at which various medical experts appeared and…