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MATTER OF FULLONE v. NEW YORK STATE AND LOCAL EMPLOYEES RETIREMENT SYSTEMS

286 A.D.2d 831 (2001)

731 N.Y.S.2d 89

In the Matter of VINCENT FULLONE, Petitioner, v. NEW YORK STATE AND LOCAL EMPLOYEES RETIREMENT SYSTEMS, Respondent.

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

Decided September 27, 2001.

Mercure, J.

In November 1992, petitioner, a correction officer, applied for accidental disability retirement benefits based upon neck and back injuries sustained in a work-related motor vehicle accident in November 1991. Upon finding that petitioner was not incapacitated from the performance of his duties as a correction officer, the Comptroller denied the application. In this CPLR article 78 proceeding to review the determination, petitioner contends that the testimony...

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