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MATTER OF LINDH v. DINAPOLI

532672.

199 A.D.3d 1223 (2021)

158 N.Y.S.3d 300

2021 NY Slip Op 06415

In the Matter of Eric Lindh, Petitioner, v. Thomas P. DiNapoli, as State Comptroller, Respondent.

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

Decided November 18, 2021.

Attorney(s) appearing for the Case

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

Letitia James , Attorney General, Albany ( Kevin C. Hu of counsel), for respondent.

Garry, P.J., Egan Jr., Reynolds Fitzgerald and Colangelo, JJ., concur.

Petitioner, a sergeant with the Village of Mamaroneck Police Department, applied for, as is relevant here, accidental disability retirement benefits. The application alleged that he was permanently incapacitated from performing his duties due to conditions arising out of several events, including a 2013 incident in which he punched a...

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