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MATTER OF CONDO v. McCALL

269 A.D.2d 676 (2000)

702 N.Y.S.2d 717

In the Matter of JAMES CONDO, Petitioner, v. H. CARL McCALL, as State Comptroller, New York State Retirement System, Respondent.

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

Decided February 10, 2000.

Mugglin, J.

Petitioner, a police officer for the Town of East Greenbush in Rensselaer County, applied for performance of duty disability retirement benefits based upon lower back injuries that he sustained in November 1996 while attempting to lift a stretcher into an ambulance. Following a hearing at which conflicting expert testimony was presented, respondent denied petitioner's application based upon a finding that petitioner...

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