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MATTER OF DAMANTE v. McCALL

239 A.D.2d 645 (1997)

656 N.Y.S.2d 702

In the Matter of John Damante, 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.

May 1, 1997

Casey, J.

While on duty in September 1991, petitioner, a police officer, injured his head, neck and lower back when the vehicle in which he was sitting was hit from behind by a tractor trailer. His application for accidental disability retirement benefits was denied following a hearing on the basis that petitioner failed to sustain his burden of demonstrating that he is permanently incapacitated for the performance...

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