MATTER OF KILKENNY v. McCALL


285 A.D.2d 911 (2001)

728 N.Y.S.2d 820

In the Matter of PATRICK KILKENNY, Petitioner, v. H. CARL McCALL, as Comptroller of the State of New York, et al., Respondents.

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

Decided July 26, 2001.


Spain, J.

In September 1991, petitioner, a police officer, sustained head and neck injuries when a picture fell from a wall and struck him while he was sitting at a desk in the precinct. In January 1992, he applied for accidental disability retirement benefits listing as claimed disabilities head and neck injuries, as well as memory loss. Following a hearing, petitioner's application was denied. Thereafter, in April 1994, petitioner reapplied for benefits asserting...

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