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MATTER OF HARVEY v. McCALL

237 A.D.2d 863 (1997)

654 N.Y.S.2d 878

In the Matter of Larry Harvey, 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.

March 20, 1997

Yesawich Jr., J.

On October 28, 1992, petitioner applied for ordinary and accidental disability retirement benefits based upon injuries he allegedly sustained to his neck and back while employed by the State. When his applications were disapproved, petitioner requested a hearing. Following the hearing, respondent denied petitioner's applications, finding, inter alia, that he was not permanently incapacitated...

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