MATTER OF DI PAOLO v. NEW YORK STATE EMPLOYEES' RET. SYS.


86 A.D.2d 700 (1982)

In the Matter of Sam Di Paolo, Petitioner, v. New York State Employees' Retirement System et al., Respondents

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

January 14, 1982


Originally employed in 1960 by the City of Rochester as a heavy equipment operator, petitioner sustained back injuries in 1975 and 1977 which necessitated a change in his duties to those of a truck driver foreman. Thereafter, on April 20, 1978, petitioner again injured his back while on the job. Petitioner claimed that he was disabled from performing his duties as a result of these injuries and filed for ordinary disability retirement benefits (Retirement and Social Security...

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