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IN THE MATTER OF WILSON v. NEW YORK STATE & LOCAL POLICE & FIRE RETIREMENT SYS.

504325.

2008 NY Slip Op 06012

IN THE MATTER OF RICHARD WILSON, Petitioner, v. NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM, Respondent.

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

Decided and Entered: July 3, 2008.

Attorney(s) appearing for the Case

Bartlett, McDonough, Bastone & Monaghan, L.L.P., White Plains (John L. Leifert of counsel), for petitioner.

Andrew M. Cuomo, Attorney General, Albany (William E. Storrs of counsel), for respondent.

Before: Mercure, J.P., Spain, Rose, Kavanagh and Stein, JJ.

MEMORANDUM AND JUDGMENT

STEIN, J.

In 1994, petitioner, a police captain for the City of Yonkers in Westchester County, fell on icy stairs at the city jail, alleging injuries to his head and right leg. Petitioner returned to work seven months later and, in October 1998, was involved in an automobile accident while driving a police department vehicle, alleging injuries to his head, neck and back. Petitioner resumed his normal duties 10 days later and continued...

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