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MATTER OF WARD v. CITY OF LONG BEACH

No. 3.

20 N.Y.3d 1042 (2013)

985 N.E.2d 898

962 N.Y.S.2d 587

2013 NY Slip Op 954

In the Matter of BRIAN WARD, Respondent, v. CITY OF LONG BEACH, Appellant.

Court of Appeals of New York.

Decided February 14, 2013.

Attorney(s) appearing for the Case

Corey E. Klein , Corporation Counsel, Long Beach ( Robert M. Agostisi of counsel), for appellant.

Law Offices of Louis D. Stober, Jr., L.L.C., Garden City ( Louis D. Stober, Jr. , of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH and PIGOTT concur; Judge RIVERA taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Petitioner, a lieutenant in the City of Long Beach Fire Department, claimed to have suffered a work-related injury in October 2003. He filed for disability retirement with the State pursuant to Retirement and Social Security Law § 363-c. The State Comptroller granted that application and shortly thereafter petitioner retired from active duty...

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