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DUNN v. DiNAPOLI

513962.

96 A.D.3d 1223 (2012)

946 N.Y.S.2d 321

2012 NY Slip Op 4816

WILLIAM G. DUNN, Petitioner, v. THOMAS P. DiNAPOLI, as State Comptroller, Respondent.

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

June 14, 2012.

Mercure, J.P.

Petitioner, a firefighter, filed an application for performance of duty disability retirement benefits alleging that he was permanently disabled due to an injury sustained in March 2007. Petitioner claimed that, as he climbed off a fire truck, he "twisted and injured his lower back when his right foot hung up on a step of the fire truck [causing him to grab] a rail on the truck in an attempt to regain his...

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