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MATTER OF DANIELS v. McCALL

285 A.D.2d 723 (2001)

727 N.Y.S.2d 346

In the Matter of LUCY DANIELS, Petitioner, v. H. CARL McCALL, as Comptroller of the State of New York, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided July 5, 2001.

Mugglin, J.

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 petitioner was not permanently incapacitated from the performance of her duties as a youth division aide, respondent denied the application. In this CPLR article 78 proceeding...

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