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MATTER OF MELUCH v. NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM

510152.

80 A.D.3d 976 (2011)

915 N.Y.S.2d 343

In the Matter of JOHN MELUCH, Petitioner, v. NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM et al., Respondents.

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

Decided January 13, 2011.

Spain, J.P.

In January 2005, petitioner, a firefighter, suffered an injury to his left knee that required surgery. He returned to full-duty work in May 2005. During a training exercise in April 2006, petitioner reinjured his knee and had further surgery in July 2006. Thereafter, petitioner applied for ordinary disability retirement benefits and performance of duty disability retirement benefits. When those applications were disapproved, petitioner requested a hearing...

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