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MATTER OF JETTER v. McCALL

288 A.D.2d 591 (2001)

732 N.Y.S.2d 283

In the Matter of ROY P. JETTER, Petitioner, v. H. CARL McCALL, as New York State Comptroller, et al., Respondents.

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

Decided November 8, 2001.

Crew III, J. P.

Petitioner, a State Police investigator, injured his back in October 1992 while lifting a briefcase from the trunk of his assigned vehicle, and his subsequent application for disability retirement benefits ultimately was approved in March 1998. In January 1999, petitioner discovered that he had been awarded benefits under Retirement and Social Security Law § 363-b (b) (2) (b), as opposed to the "in-service" benefits awarded under

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