Seon Sook Park v. McCall
Opinion of the Court
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.
Petitioner, a nurse’s aide, injured her back, neck and shoulder in a work-related accident in April 1994. She subsequently filed an application for accidental disability retirement benefits based on these injuries. Concluding that petitioner was not permanently incapacitated from the performance of her duties, respondent denied the application and petitioner commenced this CPLR article 78 proceeding to challenge the determination.
The basic premise of petitioner’s challenge to the determination is that respondent erred in accepting the testimony of the
Cardona, P. J., Peters, Spain and Carpinello, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.