Legal Opinion

Mulkern v. DiNapoli

Appellate Division of the Supreme Court of the State of New York

Decided October 6, 2011Published

1Opinion of the Court

Mercure, J.P.

On April 23, 2007, petitioner filed an application for accidental disability retirement benefits claiming that he suffered psychological and respiratory illnesses as a result of his work as a state trooper at Ground Zero in the aftermath of the September 11, *10492001 terrorist attacks on the World Trade Center in New York City. It is undisputed that this application, while notarized, lacked petitioner’s signature. By letter dated May 9, 2007, the New York State and Local Retirement System informed petitioner that his application was “rejected because it was not properly signed…

2Cases cited2 opinions

  1. Riggins v. ReganAppellate Division of the Supreme Court of the State of New York · 1990
  2. Grossman v. McCallAppellate Division of the Supreme Court of the State of New York · 1999

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