MATTER OF MIATA v. McCALL


277 A.D.2d 590 (2000)

715 N.Y.S.2d 496

In the Matter of JOSEPH MIATA, Petitioner, v. H. CARL McCALL, as State Comptroller, 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 November 2, 2000.


Lahtinen, J.

Petitioner, a police officer with the Long Island State Parks and Recreation Commission, applied for performance of duty disability retirement benefits based upon a left ankle injury that he sustained while leaving work on August 24, 1995 when he tripped on a step and twisted his ankle. Following a hearing at which conflicting expert testimony was presented, respondent denied petitioner's application based upon a finding that petitioner was not permanently...

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