MATTER OF FLYNN v. McCALL


240 A.D.2d 816 (1997)

659 N.Y.S.2d 806

In the Matter of Michael T. Flynn, Petitioner, v. H. Carl McCall, as Comptroller of The State of New York, Respondent

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

June 5, 1997


Petitioner applied for performance of duty disability retirement benefits after sustaining injuries to his back on two separate occasions while performing his duties as a police officer. His application was denied on the ground that he failed to prove that he was permanently incapacitated from performing his duties. The orthopedic expert presented on behalf of the New York State and Local Police and Fire Retirement System testified that his examination of petitioner revealed...

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