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MATTER OF O'BRIEN v. DINAPOLI

517147.

116 A.D.3d 1124 (2014)

983 N.Y.S.2d 333

2014 NY Slip Op 2366

In the Matter of STEPHANIE CANNON O'BRIEN, Petitioner, v. THOMAS P. DiNAPOLI, as New York State Comptroller, et al., Respondents.

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

Decided April 3, 2014.

Peters, P.J.

Petitioner is the widow of Richard O'Brien (hereinafter decedent), a State Trooper who died as a result of injuries sustained in a non-work-related accident on December 7, 2009. On that date, petitioner and decedent's coworkers attempted to file an application for disability retirement benefits on decedent's behalf. After many unsuccessful attempts to fax the application, it was ultimately received by respondent New York State and Local Retirement System...

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