Daniels v. McCall

—Mugglin, 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 respondent which denied petitioner’s application for disability retirement benefits.

In October 1996, petitioner, who was employed as a youth division aide, applied for disability retirement benefits based upon a degenerative back condition and a fractured right heel sustained in a January 1996 auto accident. Upon finding that *724petitioner was not permanently incapacitated from the performance of her duties as a youth division aide,…