MATTER OF MAGLIATO v. DiNAPOLI

509650.

78 A.D.3d 1457 (2010)

912 N.Y.S.2d 143

In the Matter of PHILIP MAGLIATO, 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 November 24, 2010.


MERCURE, J.P.

Petitioner, a police officer, submitted an application for accidental disability retirement benefits based upon injuries he allegedly suffered in 2004 and 2005. The application was initially denied and petitioner requested a rehearing and redetermination, limiting his application to the 2004 incident. Thereafter, a Hearing Officer determined that the incident did not constitute an accident within the meaning of the Retirement and Social Security Law...

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