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MATTER OF KAISER v. McCALL

1 A.D.3d 756 (2003)

766 N.Y.S.2d 744

In the Matter of STEVEN KAISER, Appellant, v. H. CARL McCALL, as Comptroller of the State of New York, Respondent.

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

November 13, 2003.

Crew III, J.

In May 1995, petitioner, previously employed as a police sergeant for the Town of Ramapo in Rockland County, applied for accidental and performance of duty disability retirement benefits based upon injuries to his lumbar and cervical spine allegedly sustained in November 1992. Such applications initially were denied based upon a finding that petitioner was not permanently incapacitated from the performance of his duties. Shortly thereafter, and based...

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