MATTER OF HUETHER v. REGAN


170 A.D.2d 884 (1991)

In the Matter of Leonard J. Huether, as Fire Chief of The City of Rochester, on Behalf of Leonard Palozzi, Petitioner, v. Edward V. Regan, as Comptroller of The State of New York and Administrative Head of the New York State and Local Police and Fire Retirement System, Respondent

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

February 21, 1991


Leonard Palozzi admitted that he never filed a notice of the incident of January 20, 1967 which resulted in the injury to his back, as required by Retirement and Social Security Law § 363 (c) (a). There was also no proof that he could not have filed a timely notice of the incident which would warrant respondent excusing such failure under the provisions of the statute as it existed at the time of the incident (see, Retirement and Social Security Law former §...

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