MATTER OF KENNY v. DINAPOLI


50 A.D.3d 1445 (2008)

856 N.Y.S.2d 703

In the Matter of PAUL G. KENNY, Petitioner, v. THOMAS P. DINAPOLI, as New York State Comptroller, Respondent.

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

Decided April 24, 2008.


Lahtinen, J.

Petitioner, a detective employed by the City of Rye Police Department in Westchester County, allegedly sustained certain injuries in May 2003 when he jarred his left knee after exiting a local deli with two of his coworkers. Petitioner's subsequent application for accidental disability retirement benefits was denied upon the basis that the May 2003 incident did not constitute an accident within the meaning of Retirement and Social Security Law §...

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