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Matter of Huether v. Regan

Appellate Division of the Supreme Court of New York, Third Department
Feb 21, 1991
170 A.D.2d 884 (N.Y. App. Div. 1991)

Opinion

February 21, 1991

Appeal from the Supreme Court, Albany County.


Leonard Palozzi admitted that he never filed a notice of the incident of January 20, 1967 which resulted in the injury to his back, as required by Retirement and Social Security Law § 363 (c) (a). There was also no proof that he could not have filed a timely notice of the incident which would warrant respondent excusing such failure under the provisions of the statute as it existed at the time of the incident (see, Retirement and Social Security Law former § 363 [c] [a], as amended by L 1980, ch 462). Furthermore, we find no support in the record for petitioner's assertion that respondent waived the written notice requirements. Accordingly, the determination denying the application for accidental disability retirement benefits was in all respects proper and should be upheld (see, Matter of Spahn v Regan, 163 A.D.2d 642).

Determination confirmed, and petition dismissed, without costs. Casey, J.P., Weiss, Mercure, Crew III, and Harvey, JJ., concur.


Summaries of

Matter of Huether v. Regan

Appellate Division of the Supreme Court of New York, Third Department
Feb 21, 1991
170 A.D.2d 884 (N.Y. App. Div. 1991)
Case details for

Matter of Huether v. Regan

Case Details

Full title:In the Matter of LEONARD J. HUETHER, as Fire Chief of the City of…

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

Date published: Feb 21, 1991

Citations

170 A.D.2d 884 (N.Y. App. Div. 1991)
566 N.Y.S.2d 710