MATTER OF ZANCHELLI v. DiNAPOLI

532892.

198 A.D.3d 1058 (2021)

156 N.Y.S.3d 439

2021 N.Y. Slip Op. 05381

In the Matter of Michael Zanchelli, 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 ( Owen Demuth of counsel), for respondent.

Egan Jr., J.P., Lynch, Clark and Colangelo, JJ., concur.


Petitioner, an equipment operator, applied for disability retirement benefits in August 2017 alleging that he was permanently incapacitated from performing his job duties as a result of injuries he suffered to his shoulder in a fall at work on October 19, 2016. The application was initially denied on the grounds that petitioner had...

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