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MATTER OF VOLPE v. MURRAY

516815.

2013 NY Slip Op 08187

IN THE MATTER OF MICHAEL S. VOLPE, Petitioner, v. KEVIN F. MURRAY, AS DEPUTY STATE COMPTROLLER, Respondent.

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

Decided December 5, 2013.

Attorney(s) appearing for the Case

Baker, Leshko, Saline & Blosser, LLP, White Plains ( Anthony C. Saline of counsel), for petitioner.

Eric T. Schneiderman , Attorney General, Albany ( Frank K. Walsh of counsel), for respondent.

Before: Peters, P.J., Lahtinen, Spain and Egan Jr., JJ.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Comptroller which denied petitioner's applications for performance of duty and accidental disability retirement benefits.

MEMORANDUM AND JUDGMENT

SPAIN, J.

In August 2009, petitioner, a police sergeant, applied for accidental and performance of duty disability retirement benefits, claiming that...

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