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

274 A.D.2d 928 (2000)

711 N.Y.S.2d 606

In the Matter of FRANK CIPRIANI, 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 July 27, 2000.

Crew III, J.

On August 31, 1993 petitioner, a fire lieutenant, allegedly stumbled on a large piece of slag stone while dragging a three-inch line through a field in an attempt to extinguish a fire. As a result of this incident, petitioner purportedly sustained an injury to his left Achilles tendon. Petitioner's subsequent applications for ordinary and accidental disability retirement benefits were disapproved by respondent Comptroller in June 1996, prompting petitioner...

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