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MATTER OF ROBERTS v. MURPHY

305 A.D.2d 237 (2003)

762 N.Y.S.2d 343

In the Matter of LILLIAN ROBERTS et al., Respondents, v. JOHN J. MURPHY et al., Appellants.

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

Decided May 15, 2003.

Retirement and Social Security Law § 607-b is not a "stand-alone" statute. It gives EMTs an enhanced pension for a service-related disability but contains no procedures for obtaining that benefit. Instead, it incorporates by reference Retirement and Social Security Law § 605 (c), which authorizes retirement systems to adopt appropriate procedures, including conducting medical examinations, for determining whether an employee is disabled. Since an EMT who applies...

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