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MATTER OF JUDD v. CONSTANTINE

153 A.D.2d 270 (1990)

In the Matter of Christopher D. Judd et al., Respondents, v. Thomas A. Constantine, as Superintendent of The Division of New York State Police, et al., Appellants

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

February 1, 1990

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (John Q. Driscoll and Peter G. Crary of counsel), for appellants.

Hinman, Straub, Pigors & Manning (William P. Golderman of counsel), for respondents.

MAHONEY, P. J., KANE and HARVEY, JJ., concur with LEVINE, J.; CASEY, J., concurs in an opinion.

LEVINE, J.

Petitioners, Christopher D. Judd and Michael F. Mergler, began their service as State Troopers on February 16, 1970 and remained in that status beyond April 1, 1984. Petitioners both incurred disabling injuries prior to their completion of 14 years of service as troopers, and, after exhausting periods of paid sick-leave status, were placed on sick leave without pay for periods of approximately seven...

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