MATTER OF DILELLO v. DiNAPOLI

511094.

83 A.D.3d 1361 (2011)

921 N.Y.S.2d 709

In the Matter of ROBERT A. DILELLO, Petitioner, v. THOMAS P. DiNAPOLI, as State Comptroller, Respondent.

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

Decided April 28, 2011.


LAHTINEN, J.

Petitioner, a police officer, applied for accidental disability retirement benefits alleging that he sustained a disabling injury to his left knee in June 2007 as the result of a fall that occurred while performing administrative duties at his precinct. That application was denied upon the ground that the incident alleged did not constitute an accident within the meaning of Retirement and Social Security Law § 363. At the conclusion of the hearing...

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