MATTER OF COOKE v. DiNAPOLI

514123.

96 A.D.3d 1340 (2012)

947 N.Y.S.2d 680

2012 NY Slip Op 5234

In the Matter of WILLIAM F. COOKE, Petitioner, v. THOMAS P. DiNAPOLI, as State Comptroller, Respondent.

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

June 28, 2012.


Malone Jr., J.

Petitioner, a police lieutenant, sustained an injury in August 2006 when his right knee struck a cement sidewalk while he was attempting to subdue a suspect. As a result of the injury, petitioner applied for accidental disability retirement benefits in August 2007. Following a hearing and the submission of medical documentation, respondent denied petitioner's application on the basis that he was not permanently incapacitated from performing his duties...

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