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MATTER OF KREPPEIN v. NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM

270 A.D.2d 732 (2000)

706 N.Y.S.2d 362

In the Matter of URBAN A. KREPPEIN, Petitioner, v. NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM, Respondent.

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

Decided March 23, 2000.

Carpinello, J.

Petitioner, a State Trooper, filed an application for disability retirement benefits based upon an injury to his right knee. Following a hearing, the Comptroller denied the application upon finding that petitioner was not incapacitated from performing his duties as a State Trooper. Petitioner commenced this CPLR article 78 proceeding to review the Comptroller's determination.

The testimony of respondent's orthopedic expert that, based upon a...

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