MATTER OF VALENTE v. NEW YORK STATE COMPTROLLER

533826.

205 A.D.3d 1295 (2022)

169 N.Y.S.3d 705

2022 NY Slip Op 03431

In the Matter of Michael Valente, Petitioner, v. New York State Comptroller et al., Respondents.

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

Decided May 26, 2022.


Attorney(s) appearing for the Case

Miller & Caggiano, LLP, Bohemia ( Vanessa Cruz of counsel), for petitioner.

Letitia James , Attorney General, Albany ( Sarah L. Rosenbluth of counsel), for respondents.

Egan Jr., Colangelo, Ceresia and Fisher, JJ., concur.


As petitioner, a police sergeant, approached a house to execute an arrest warrant, he tripped on the walkway on a piece of concrete that had been raised by a tree root, allegedly sustaining a permanently disabling injury to his right shoulder. He subsequently submitted an application for accidental disability retirement benefits, which...

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