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MATTER OF OCCHIPINTI v. McCALL

305 A.D.2d 924 (2003)

760 N.Y.S.2d 255

In the Matter of PETER J. OCCHIPINTI, Petitioner, v. H. CARL McCALL, as State Comptroller, Respondent.

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

Decided May 22, 2003.

Kane, J.

In August 1999, petitioner, a police officer with the Westchester County Department of Public Safety, experienced severe low back pain as he bent to perform back strengthening exercises while on vacation in Florida. Upon his return to New York, petitioner was diagnosed with and underwent surgery to repair a herniated disc, after which he was unable to return to work. In January 2000, petitioner applied for accidental...

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