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MATTER OF WILSON v. NEW YORK STATE AND LOCAL POLICEMEN'S AND FIREMEN'S RETIREMENT SYSTEM

288 A.D.2d 602 (2001)

732 N.Y.S.2d 292

In the Matter of THEODORE J. WILSON, Petitioner, v. NEW YORK STATE AND LOCAL POLICEMEN'S AND FIREMEN'S RETIREMENT SYSTEM et al., Respondents.

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

Decided November 8, 2001.

Lahtinen, J.

Petitioner challenges only the denial of his application for performance of duty disability retirement benefits, which was based upon petitioner's failure to provide the written notice required by Retirement and Social Security Law § 363-c (e) (a). Petitioner relies on the exception to the notice requirement applicable where notice in accordance with the Workers' Compensation Law was given (see,

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