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IN THE MATTER OF McKINNEY v. McCALL

6 A.D.3d 791 (2004)

774 N.Y.S.2d 589

In the Matter of LEO B. McKINNEY, Petitioner, v. H. CARL McCALL, as State Comptroller, Respondent.

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

April 1, 2004.

Spain, J.

Petitioner, a motor equipment operator for the Town of Ogden, Monroe County, injured his back and neck on November 29, 1994 while carrying a snow fence through a muddy field. Thereafter, he briefly returned to work to a janitorial position, but stopped working completely in February 1995 after experiencing pain in his back while emptying trash. He subsequently applied for disability retirement benefits pursuant...

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