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December 27, 2021

Reviewing an administrative decision denying an application for accidental disability retirement benefits by the New York State Employees' Retirement System

Citing Matter of Verille v Gardner, 177 AD3d 1068, the Appellate Division confirmed a decision of the New York State Comptroller denying a member of the New York State Employees' Retirement System application for accidental disability retirement [ADR] benefits, explaining that an applicant for ADR bears the burden of showing that his or her "incapacitation from the performance of his [or her] duties was the natural and proximate result of an accident or a disability that was sustained in such service."

Click HERE to access the Appellate Division's determination in this matter.

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