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MATTER OF DORMEYER v. McCALL

289 A.D.2d 774 (2001)

733 N.Y.S.2d 658

In the Matter of RICHARD L. DORMEYER, Petitioner, v. H. CARL McCALL, as State Comptroller, Respondent.

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

Decided December 13, 2001.

Carpinello, J.

Petitioner's application for performance of duty disability retirement benefits was denied on the basis of his failure to provide the written notice required by Retirement and Social Security Law § 363-c (e) (a). In this CPLR article 78 proceeding to review the determination, petitioner contends that his failure to comply with the written notice requirement should have been excused for good cause (

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