MATTER OF PIACENTE v. DiNAPOLI

530863.

198 A.D.3d 1026 (2021)

155 N.Y.S.3d 463

2021 NY Slip Op 05369

In the Matter of Jennifer Piacente, Petitioner, v. Thomas P. DiNapoli, as State Comptroller, Respondent.

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

Decided October 7, 2021.


Attorney(s) appearing for the Case

Schwab & Gasparini, PLLC, White Plains ( Warren J. Roth of counsel), for petitioner.

Letitia James , Attorney General, Albany ( Frederick A. Brodie of counsel), for respondent.

Garry, P.J., Egan Jr., Lynch and Aarons, JJ., concur.


On May 29, 2019, petitioner electronically filed a notice of petition and petition (made returnable on August 9, 2019), wherein she sought to challenge respondent's denial of her application for performance of duty and accidental disability retirement benefits. Due to a "clerical error," petitioner neglected to serve such...

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