MATTER OF WEST v. DiNAPOLI

510093.

79 A.D.3d 1565 (2010)

914 N.Y.S.2d 358

In the Matter of DIANE WEST, 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 December 30, 2010.


KAVANAGH, J.

Petitioner, a police officer, applied for accidental disability retirement benefits arising out of injuries that she sustained while responding to a burglar alarm in 2006. Following the initial disapproval of her application, petitioner requested a redetermination and a hearing was held. Citing discrepancies between reports in evidence and petitioner's testimony, the Hearing Officer concluded that petitioner did not prove that her injuries were the result...

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