MATTER OF CORNACCHIO v. DiNAPOLI

507529

68 A.D.3d 1520 (2009)

2009 NY Slip Op 9589

892 N.Y.S.2d 257

In the Matter of JOHN A. CORNACCHIO, Petitioner, v. THOMAS P. DiNAPOLI, as State Comptroller, Respondent.

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

Decided December 24, 2009.


Kane, J.

Petitioner suffered accidents in 1998 and 1999 while working as a laborer for a municipality. Although the New York State and Local Employees' Retirement System found petitioner to be disabled, it denied his application for disability retirement benefits on the ground that he had not demonstrated that his disability arose out of either accident. Following a hearing requested by petitioner, a hearing officer rejected his application for benefits. Respondent...

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