MATTER OF DIXON v. McCALL


245 A.D.2d 686 (1997)

664 N.Y.S.2d 856

In the Matter of Donald Dixon, Petitioner, v. H. Carl McCall, as Comptroller of The State of New York, et al., Respondents

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

December 4, 1997


Yesawich Jr., J.

On or about June 26, 1990, petitioner, who was employed at the time as a correction officer at a State correctional facility, was injured while restraining an inmate. His subsequent application for disability retirement benefits was denied on the ground that he was not permanently incapacitated from his duties as a correction officer. Petitioner thereafter commenced this CPLR article 78 proceeding, contending that the determination is...

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