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MATTER OF GIRSH v. DiNAPOLI

509999.

79 A.D.3d 1444 (2010)

913 N.Y.S.2d 806

In the Matter of EDWARD L. GIRSH, Petitioner, v. THOMAS P. DiNAPOLI, as Comptroller of the State of New York, Respondents.

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

Decided December 16, 2010.

CARDONA, P.J.

Petitioner, a 27-year veteran police officer, reportedly sustained injuries to his back and left shoulder on August 27, 2003 when a shelving unit collapsed on him during the course of his regular job duties. Claiming that he was permanently incapacitated from the performance of his duties as a result, petitioner applied for accidental and performance of duty disability retirement benefits. The State Local Police and Fire Retirement System denied both...

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