Legal Opinion
Cruz v. New York State & Local Retirement System
Appellate Division of the Supreme Court of the State of New York
Decided November 14, 2002Published
1Opinion of the CourtSpain, J.
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.
As a maintenance mechanic for the Town of Smithtown, Suffolk County, petitioner was required to perform heavy manual labor, including the lifting of equipment weighing between 75 and 100 pounds. During the course of his employment, petitioner was involved in a number of incidents in which he sustained injuries to his neck, back and shoulder, the last being…
2Cases cited5 opinions
- Harper v. McCallAppellate Division of the Supreme Court of the State of New York · 2000
- Hill v. New York State & Local Retirement SystemsAppellate Division of the Supreme Court of the State of New York · 2002
- Kesick v. New York State & Local Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1999
- Gabrielsen v. McCallAppellate Division of the Supreme Court of the State of New York · 2001
- Brown v. McCallAppellate Division of the Supreme Court of the State of New York · 2002