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

268 A.D.2d 788 (2000)

701 N.Y.S.2d 513

In the Matter of RICHARD MUSILLI, Petitioner, v. NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM et al., Respondents.

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

Decided January 13, 2000.

Carpinello, J.

In August 1990, petitioner twisted his left knee while descending a staircase during the performance of his duties as a firefighter. Petitioner, who suffered from a history of knee injuries and progressive degenerative knee conditions, subsequently received arthroscopic and reconstructive surgery on his left knee in order to repair torn cartilage and a preexisting ligament injury. He returned to work in the spring of 1991 and

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