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MATTER OF IACOBELLIS v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEM

510280.

79 A.D.3d 1571 (2010)

914 N.Y.S.2d 360

In the Matter of AGOSTINO IACOBELLIS, Petitioner, v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEM, Respondent.

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

Decided December 30, 2010.

GARRY, J.

Petitioner was employed by the New York Power Authority as a senior construction engineer and oversaw construction work at its facilities. While so engaged in 2006, he was struck by material inadvertently lowered by a crane, and applied for ordinary and accidental disability retirement benefits as a result. The applications were denied, and petitioner sought a hearing and redetermination. A Hearing Officer subsequently found that petitioner was entitled...

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