Appellate Division of the Supreme Court of the State of New York January 17, 2006 (Aitola v. New York City Employees' Retirement System)

*605In a proceeding pursuant to CPLR article 78 to review a determination of the New York City Employees’ Retirement System dated September 19, 2003, which denied the petitioner’s application for performance-of-duty disability retirement pursuant to Retirement and Social Security Law § 607-b, and instead, approved her application for ordinary disability retirement pursuant to Retirement and