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MATTER OF PENNACHIO v. DiNAPOLI

513844.

95 A.D.3d 1557 (2012)

944 N.Y.S.2d 787

2012 NY Slip Op 3926

In the Matter of JAMES G. PENNACHIO, Petitioner, v. THOMAS P. DiNAPOLI, as State Comptroller, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 17, 2012.

LAHTINEN, J.P.

Petitioner, a police officer for the City of Yonkers, Westchester County, was assigned to assist with search and rescue operations at the World Trade Center site on September 12, 2001. Shortly thereafter, he started receiving medical treatment for respiratory issues. Petitioner retired from his job in April 2008 and received line of duty retirement benefits and further sought disability retirement benefits. Ultimately, respondent denied petitioner benefits...

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