MATTER OF GOLDSMITH v. REGAN


88 A.D.2d 675 (1982)

In the Matter of Arnold Goldsmith, Petitioner, v. Edward V. Regan, as State Comptroller and as Administrative Head of The Employees' Retirement System and as Administrative Head of The Policemen's and Firemen's Retirement System, Respondent

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

May 6, 1982


On September 30, 1975, petitioner, a Suffolk County police officer, allegedly suffered permanent back and leg injuries when his patrol car struck a protruding manhole cover. Respondent Comptroller found no permanent incapacity and disapproved petitioner's application for accidental disability retirement benefits. Petitioner requested and received a hearing at which his neurosurgeon testified that petitioner had unquestionably sustained a herniated disc which prevented him...

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