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MATTER OF McAULIFFE v. DiNAPOLI

511240.

83 A.D.3d 1366 (2011)

921 N.Y.S.2d 413

In the Matter of TIMOTHY P. McAULIFFE, Petitioner, v. THOMAS P. DiNAPOLI, as State Comptroller, Respondent.

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

Decided April 28, 2011.

KAVANAGH, J.

Petitioner was employed as a criminal investigator for the Westchester County District Attorney. He suffered a myocardial infarction in 1997 and, as is relevant here, applied for performance of duty disability retirement benefits in 2006 (see Retirement and Social Security Law §§ 63-e, 63-f). The New York State and Local Employees' Retirement System denied the application, finding that petitioner was permanently incapacitated from performing...

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