Matter of Biscardi v. New York State and 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 respondent Comptroller denying petitioner’s application for disability retirement benefits.

Petitioner initially applied for disability retirement benefits pursuant to Retirement and Social Security Law article 15 in February 2012. She withdrew that application in March 2012 and thereafter elected to take service retirement in September 2012. In May 2013, petitioner’s counsel inquired and was informed by respondent New York State and Local…