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MATTER OF O'KEEFE v. DiNAPOLI

512511.

89 A.D.3d 1364 (2011)

934 N.Y.S.2d 536

2011 NY Slip Op 8542

In the Matter of RICHARD J. O'KEEFE, Petitioner, v. THOMAS P. DiNAPOLI, as Comptroller of the State of New York, et al., Respondents.

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

Decided November 23, 2011.

PETERS, J.

Petitioner was employed as a firefighter for the City of Buffalo. While driving a fire truck in February 2007, petitioner hit a pothole, causing him to bounce and hit his head on the roof of the truck. The same event occurred again in March 2007. Petitioner filed applications for accidental and performance of duty disability retirement benefits, citing neck injuries sustained in the February and March 2007 incidents. After petitioner's applications were...

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