MATTER OF McGOEY v. DiNAPOLI

532333.

194 A.D.3d 1296 (2021)

2021 NY Slip Op 03235

In the Matter of Bernard McGoey, Petitioner, v. Thomas P. DiNapoli, as State Comptroller, Respondent.

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

Decided May 20, 2021.


Attorney(s) appearing for the Case

Schwab & Gasparini, PLLC, White Plains ( James A. Resila of counsel), for petitioner.

Letitia James , Attorney General, Albany ( Dustin J. Brockner of counsel), for respondent.

Egan Jr., J.P., Clark, Aarons and Pritzker, JJ., concur.


In 2017, petitioner—a firefighter—filed an application for accidental disability retirement benefits alleging that he was permanently disabled as a result of injuries to his right shoulder that, in turn, were sustained during seven different incidents occurring between 2006 and 2017. The New York State and Local...

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