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MATTER OF ORTIZ v. DiNAPOLI

514465.

98 A.D.3d 1224 (2012)

951 N.Y.S.2d 271

2012 NY Slip Op 6357

In the Matter of the Claim of FRANCISCO ORTIZ, Petitioner, v. THOMAS P. DiNAPOLI, as State Comptroller, Respondent.

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

September 27, 2012.

Lahtinen, J.

Petitioner, a police detective, applied for accidental and performance of duty disability retirement benefits in 2007, claiming that he is unable to perform his duties due to a back injury sustained in 1999 while assisting a colleague move a file cabinet up a flight of stairs. Following the initial denial of his applications, petitioner requested a hearing and redetermination. A Hearing Officer denied the applications, finding, among other

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