Carey v. New York State & Local Employees' 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 which denied petitioner’s request for accidental disability retirement benefits.

Respondent Comptroller was presented with conflicting medical opinions as to whether the injury to petitioner’s hand permanently disabled her from returning to her job as a mental hygiene therapy aide. The physician testifying for respondent State and Local Employees’ Retirement System stated that although there would be some "permanent…