MATTER OF HIBBARD v. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM


279 A.D.2d 945 (2001)

719 N.Y.S.2d 767

In the Matter of EUGENE HIBBARD, Petitioner, v. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, Respondent.

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

Decided January 25, 2001.


On March 27, 1996, petitioner, a Deputy Chief/Fire Marshall with the City of Rochester, Monroe County, was diagnosed with cervical spondylosis and applied for performance of duty disability retirement benefits claiming to be permanently disabled as a result of an on-the-job injury occurring on September 18, 1990 and other subsequent trauma throughout his service as a firefighter. Petitioner's application was denied by the Comptroller...

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