Legal Opinion

McGowan v. New York State & Local Police & Fire Retirement System

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

Decided March 9, 2017Published

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Comptroller denying petitioner’s application for accidental disability retirement benefits.

Petitioner worked as a police officer for the Waterfront Commission of New York Harbor. In 2010, he applied for accidental disability retirement benefits, alleging that he was permanently incapacitated from performing his job duties as the result of a *1345work-related motor vehicle accident that occurred in 2005. His application was denied upon the…

2Cases cited3 opinions

  1. Matter of DeMaio v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Echevarria v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
  3. Matter of Bodenmiller v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016

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