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MTR OF KELLY v. DiNAPOLI

Nos. 2, 3

30 N.Y.3d 674 (2018)

70 N.Y.S.3d 881

94 N.E.3d 444

2018 NY Slip Op 01016

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

Court of Appeals of New York.

Decided February 13, 2018.

Attorney(s) appearing for the Case

Hinman Straub P.C., Albany ( Joseph M. Dougherty of counsel), for appellant in the first above-entitled proceeding.

Eric T. Schneiderman , Attorney General, Albany ( William E. Storrs , Barbara D. Underwood , Andrea D. Oser and Peter H. Schiff of counsel), for respondent in the first above-entitled proceeding.

Eric T. Schneiderman , Attorney General, Albany ( William E. Storrs , Barbara D. Underwood , Andrea D. Oser and Peter H. Schiff of counsel), for appellant in the second above-entitled proceeding.

Donald P. Henry, P.C., New York City ( Donald P. Henry of counsel), for respondent in the second above-entitled proceeding.

Chief Judge DiFIORE and Judges RIVERA, GARCIA, FAHEY, WILSON and FEINMAN concur, Judge WILSON in a concurring opinion, in which Judge FAHEY concurs.

OPINION OF THE COURT

In these appeals, we are asked to determine whether petitioners, both first responders, established entitlement to accidental disability retirement benefits by demonstrating that they were incapacitated "as the natural and proximate result of an accident ...

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