MATTER OF KILBRIDE v. NEW YORK STATE COMPTROLLER

513749.

95 A.D.3d 1496 (2012)

944 N.Y.S.2d 393

2012 NY Slip Op 3706

In the Matter of MICHAEL J. KILBRIDE, Petitioner, v. NEW YORK STATE COMPTROLLER et al., Respondents.

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

Decided May 10, 2012.


GARRY, J.

On January 14, 2009, petitioner, a court officer sergeant, was on duty when he was injured by an "unruly defendant" bursting into the courtroom. In his application for accidental disability retirement benefits, petitioner stated that the incident occurred as he "was attempting to prevent an angry defendant from attacking the judge. He charged at the judge knocking me to the ground." The application was denied and petitioner sought a hearing and a redetermination...

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