MATTER OF CARPINIELLO v. DiNAPOLI

512098.

88 A.D.3d 1045 (2011)

930 N.Y.S.2d 685

2011 NY Slip Op 6967

In the Matter of STEPHEN CARPINIELLO, Petitioner, v. THOMAS P. DiNAPOLI, as State Comptroller, Respondent.

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

Decided October 6, 2011.


Mercure, J.P.

Petitioner, a police officer, sustained injuries while involved in an effort to subdue an emotionally disturbed individual for transport to a medical facility for evaluation and treatment. Petitioner's subsequent application for accidental disability retirement benefits was initially denied and he requested a hearing and redetermination. The Hearing Officer denied petitioner's application on the ground that the incident did not constitute an accident...

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