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MATTER OF MISERENDINO v. CITY OF MOUNT VERNON

2011-00807.

96 A.D.3d 946 (2012)

946 N.Y.S.2d 640

2012 NY Slip Op 5004

In the Matter of ROY MISERENDINO, Petitioner, v. CITY OF MOUNT VERNON et al., Respondents.

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

June 20, 2012.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The petitioner was employed by the City of Mount Vernon Fire Department (hereinafter the City) from 1975 until 2006, when he was awarded accidental disability retirement benefits by the New York State Comptroller. Over the course of his employment, the petitioner sustained a number of on-the-job injuries. After each injury, he returned to...

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