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MATTER OF DANIEU v. DINAPOLI

509253.

77 A.D.3d 1152 (2010)

909 N.Y.S.2d 781

In the Matter of PATRICK J. DANIEU, Petitioner, v. THOMAS P. DINAPOLI, as Comptroller of the State of New York, Respondent.

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

Decided October 21, 2010.

McCARTHY, J.

While employed as a senior public works wage investigator with the Department of Labor in 2001, petitioner injured his back and neck when a stairway handrail broke, causing him to fall.1 He continued to work for several months, then applied for accidental disability retirement benefits. The application was denied on the basis that petitioner was not permanently incapacitated from performing his duties. Petitioner requested...

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