MATTER OF McGARRY v. McCALL


234 A.D.2d 886 (1996)

651 N.Y.S.2d 947

In the Matter of James K. McGarry, Petitioner, v. H. Carl McCall, as New York State Comptroller, et al., Respondents

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

December 26, 1996


Petitioner was employed as a police officer by the Suffolk County Police Department in February 1979 when the patrol car he was operating was rear-ended by another vehicle. In December 1990, petitioner applied for accidental disability retirement benefits on the ground that injuries to his neck and back sustained in the 1979 accident had permanently incapacitated him from performing his duties as a police officer. When this application was denied, petitioner initiated this...

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