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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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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com