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MATTER OF BERMAN v. DiNAPOLI

534235.

208 A.D.3d 1568 (2022)

175 N.Y.S.3d 744

2022 NY Slip Op 05363

In the Matter of Elaine Rehfuss Berman, Petitioner, v. Thomas P. DiNapoli, as State Comptroller, Respondent.

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

Decided September 29, 2022.

Attorney(s) appearing for the Case

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

Letitia James, Attorney General, Albany (Dustin J. Brockner of counsel), for respondent.

Garry, P.J., Aarons, Pritzker and McShan, JJ., concur.

Petitioner's deceased spouse (hereinafter decedent) was a firefighter who filed an application for accidental disability retirement benefits in October 2015 alleging that he was permanently disabled as a result of various injuries that he sustained in three incidents that occurred on May 4, 2009, February 16, 2014 and January 19, 2015...

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