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MATTER OF FORTUNA v. CITY OF WHITE PLAINS

2016-10954, Index No. 2064/16.

170 A.D.3d 1011 (2019)

96 N.Y.S.3d 286

2019 NY Slip Op 02092

In the Matter of Ugo Fortuna, Petitioner, v. City of White Plains et al., Respondents.

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

Decided March 20, 2019.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The petitioner was employed by the City of White Plains as a firefighter. On July 7, 2010, he sustained an on-the-job injury. He returned to light-duty work for a short period of time, but was on sick leave from December 2010 until he retired in February 2013. In October 2013, pursuant to a procedure...

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