Starke v. New York State Employees' Retirement System

Appellate Division of the Supreme Court of New York

Starke v. New York State Employees' Retirement System

199 A.D.2d 812, 608 N.Y.S.2d 123, 1993 N.Y. App. Div. LEXIS 12220

Appellate Division of the Supreme Court of the State of New York·Decided December 23, 1993·Published

Opinion

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 accidental disability retirement benefits.

Respondent ruled that petitioner did not sufficiently establish that he is permanently incapacitated from the performance of his duties as a custodian because of an accident sustained in the employment upon which his membership is based. Upon our review of the record, we conclude that there is substantial evidence to support that determination. Respondent also rationally concluded that there was insufficient evidence to establish that an accident sustained by petitioner aggravated a preexisting condition to the point where it became disabling.

Weiss, P. J., Mercure, White, Mahoney and Casey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

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 accidental disability retirement benefits.

Respondent ruled that petitioner did not sufficiently establish that he is permanently incapacitated from the performance of his duties as a custodian because of an accident sustained in the employment upon which his membership is based. Upon our review of the record, we conclude that there is substantial evidence to support that determination. Respondent also rationally concluded that there was insufficient evidence to establish that an accident sustained by petitioner aggravated a preexisting condition to the point where it became disabling.

Weiss, P. J., Mercure, White, Mahoney and Casey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Starke v. New York State Employees' Retirement System, 199 A.D.2d 812, 608 N.Y.S.2d 123, 1993 N.Y. App. Div. LEXIS 12220 (N.Y. Ct. App. 1993).

Pincite

199 A.D.2d 812 (Starke v. New York State Employees' Retirement System) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.