MATTER OF FLANNERY v. McCALL


219 A.D.2d 770 (1995)

631 N.Y.S.2d 103

In the Matter of William Flannery, Petitioner, v. H. Carl McCall, as State Comptroller, 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.

September 14, 1995


Casey, J.

Petitioner, a detective in the Nassau County Police Department, sustained a back injury on May 29, 1991 in an on-duty automobile accident. When he returned to work about four weeks later, petitioner was placed on restrictive duty on the recommendation of the police surgeon. Following a hearing, respondent denied petitioner's application for accidental disability retirement benefits on the ground that he is not permanently incapacitated for the...

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