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MATTER OF MITCHELL v. DiNAPOLI

524029.

154 A.D.3d 1029 (2017)

2017 NY Slip Op 07020

62 N.Y.S.3d 209

In the Matter of ANTHONY MITCHELL, Petitioner, v. THOMAS DINAPOLI, as State Comptroller, Respondent.

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

Decided October 5, 2017.

On February 26, 2012, petitioner, a police officer, sustained a broken right leg during the arrest of an individual suspected of being a drug dealer. His application for accidental disability retirement benefits was denied on the ground that the incident that caused his injury was not an accident within the meaning of the Retirement...

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