Lupoli v. New York State Employees' Retirement System

OPINION OF THE COURT

F. Warren Travers, J.

Petitioner commenced this CPLR article 78 proceeding seeking a determination that a decision which denied her application for ordinary disability retirement pension was erroneous as a matter of law, arbitrary and capricious. All papers filed in support and opposition to this proceeding have been read and considered by the court.

*700Petitioner, Jean Lupoli, was an employee of the New York State Insurance Fund. For health reasons, she stopped working on or about November 3, 1986 and never returned to work. Petitioner’s last date on the payroll of the New…