What is the burden of establishing the statutory requirements for a plaintiff to obtain a disability benefits claim?
"New York", United States of America
The following excerpt is from Walsh v. N.Y. State Comptroller, 122 N.Y.S.3d 209, 144 N.E.3d 953, 34 N.Y.3d 520 (N.Y. 2019):
Petitioner bears the burden of establishing the statutory requirements, including demonstrating that the incident in which she sustained her injuries was " the result of any act of any inmate " ( Matter of Traxler v. DiNapoli , 139 A.D.3d 1314, 1314, 32 N.Y.S.3d 383 [3d Dept. 2016] [internal citations omitted], quoting Retirement and Social Security Law 607c [a] ).
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