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MATTER OF CARMODY v. McCALL

261 A.D.2d 765 (1999)

691 N.Y.S.2d 208

In the Matter of JOHN CARMODY, Petitioner, v. H. CARL McCALL, as New York State Comptroller, Respondent.

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

Decided May 13, 1999.

Peters, J.

Petitioner was injured on August 28, 1992, while lifting bags of lime in the course of his employment at the wastewater treatment plant in the Village of Rhinebeck, Dutchess County (hereinafter the Village). Petitioner's employment with the Village ended October 12, 1993. On January 4, 1993, applications for ordinary and accidental disability retirement benefits were filed on petitioner's behalf by the Village. Petitioner acknowledged that he received a...

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