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MATTER OF KELLY v. DiNAPOLI

521498.

137 A.D.3d 1470 (2016)

28 N.Y.S.3d 145

2016 NY Slip Op 02132

In the Matter of JAMES J. KELLY, Petitioner, v. THOMAS P. DiNAPOLI, as State Comptroller, Respondent.

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

Decided March 24, 2016.

Petitioner, a police officer, injured his neck and shoulder while rescuing people trapped in a house due to damage caused by Hurricane Sandy. He thereafter applied for accidental disability retirement benefits and the application was denied on the ground that the incident did not constitute an accident within the meaning of the Retirement...

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