MATTER OF D'ALESSANDRO v. LEVITT


59 A.D.2d 967 (1977)

In the Matter of Anthony D'Alessandro, Petitioner, v. Arthur Levitt, as Comptroller of The State of New York and Administrative Head of The New York State Policemen's and Firemen's Retirement System, Respondent

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

November 3, 1977


On November 12, 1973, petitioner, as part of his duties in the Nassau County Police Department's Maintenance Bureau, helped install a ceiling. Installation required repeated firings of an 8- to 10-pound stud gun, loaded with a .22 cal. cartridge, that caused a significant recoil each time it was triggered. Although feeling lightheaded and weak, petitioner remained on the job for the entire afternoon. He was unable to return to work the following day and has not returned since...

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