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IN THE MATTER OF KOSILLA v. HEVESI

25 A.D.3d 870 (2006)

806 N.Y.S.2d 793

In the Matter of LAWRENCE P. KOSILLA, Petitioner, v. ALAN G. HEVESI, as Comptroller of the State of New York, Respondent.

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

January 5, 2006.

Mercure, J.

In August 2000, petitioner suffered an injury to his back while working as a firefighter for the Village of Scarsdale, Westchester County. Upon his physician's recommendation, petitioner did not return to work thereafter. Ultimately, petitioner retired because he believed that he was physically unable to perform the duties of a firefighter. His subsequent applications for accidental disability retirement benefits and performance of duty disability retirement...

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