MATTER OF CLEMONS v. McCALL


274 A.D.2d 654 (2000)

710 N.Y.S.2d 708

In the Matter of SAMUEL CLEMONS, Petitioner, v. H. CARL McCALL, as State Comptroller of the 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 July 6, 2000.


Graffeo, J.

On July 4, 1981, petitioner, a police officer, allegedly sustained a back injury when he was pushed backwards off a curb and onto a police car while attempting to arrest a suspect. In 1995, petitioner applied for accidental and performance of duty disability retirement benefits alleging that the July 4, 1981 incident aggravated a previously asymptomatic spine condition to the point of permanent disability. The New York State and Local Police and Fire Retirement...

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