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MATTER OF SESTITO v. CITY OF WHITE PLAINS

2016-06978. Index No. 2937/15.

161 A.D.3d 985 (2018)

78 N.Y.S.3d 153

2018 NY Slip Op 03528

In the Matter of John Sestito, Petitioner, v. City of White Plains et al., Respondents.

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

Decided May 16, 2018.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The petitioner, a firefighter, allegedly was injured while performing his duties on May 22, 2011. He subsequently applied for benefits pursuant to General Municipal Law § 207-a. In 2014, after an examination, the respondents' medical examiner found that the petitioner was capable of returning to light duty and that there would be a...

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