Rockwell v. State

—Car-dona, P. 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 Comptroller which denied petitioner’s application for ordinary disability retirement benefits.

Petitioner left her employment as a home health aide due to persistent pain which she experienced in her lower back, legs and feet. She subsequently applied to respondent New York State and Local Employees’ Retirement System (hereinafter the Retirement System) for ordinary disability retirement benefits. Following a hearing,…