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MATTER OF McGOWAN v. DiNAPOLI

528231.

178 A.D.3d 1243 (2019)

2019 NY Slip Op 09066

In the Matter of James K. McGowan, Petitioner, v. Thomas P. DiNapoli, as State Comptroller, Respondent.

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

Decided December 19, 2019.

Attorney(s) appearing for the Case

Law Office of Jeffrey L. Goldberg, PC, (Timothy McEnaney of counsel), for petitioner.

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

Garry, P.J., Egan Jr. and Devine, JJ., concur.

Petitioner worked in various law enforcement capacities, retiring in 2009 while serving as Assistant Police Chief for the Waterfront Commission of New York Harbor. He thereafter applied for accidental disability retirement benefits, alleging that he was permanently incapacitated from performing his duties as a result of a work-related...

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