MATTER OF KENNEDY v. DiNAPOLI

515754.

106 A.D.3d 1429 (2013)

967 N.Y.S.2d 427

2013 NY Slip Op 3903

In the Matter of BRIAN M. KENNEDY, Petitioner, v. THOMAS DiNAPOLI, as State Comptroller, Respondent.

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

Decided May 30, 2013.


McCarthy, J.

Petitioner was employed as a State Trooper from 1984 until 2004 and he was assigned to assist in the recovery operation at ground zero following the September 11, 2001 terrorist attacks. In 2007, while employed as a private security guard, he was exposed to paint fumes, causing a severe respiratory reaction that culminated in a heart attack. In 2008, petitioner filed two applications for accidental disability retirement benefits based upon his work as...

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