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MATTER OF HIGGINS v. McCALL

283 A.D.2d 879 (2001)

724 N.Y.S.2d 665

In the Matter of JOHN HIGGINS, Petitioner, v. H. CARL McCALL, as Comptroller of the State of New York, Respondent.

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

Decided May 24, 2001.

Crew III, J. P.

Petitioner, a fire captain, applied for accidental disability retirement benefits based upon back and knee injuries sustained in two work-related accidents. Upon finding that petitioner was not permanently incapacitated from the performance of his duties as a fire captain, respondent denied the application. Petitioner thereafter commenced this CPLR article 78 proceeding to review the determination, contending...

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