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MATTER OF GROSSMAN v. McMAHON

261 A.D.2d 54 (1999)

699 N.Y.S.2d 582

In the Matter of DAVID GROSSMAN, Appellant, v. JAMES W. McMAHON, as Superintendent of the New York State Police, et al., Respondents.

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

December 9, 1999.

Attorney(s) appearing for the Case

David B. Grossman, Central Square, appellant pro se.

Eliot Spitzer, Attorney General, Albany (Patrick Barnett-Mulligan of counsel), for respondents.

CREW III, J. P., SPAIN, GRAFFEO and MUGGLIN, JJ., concur.

OPINION OF THE COURT

CARPINELLO, J.

In 1987 petitioner, then a Sergeant with respondent Division of State Police, was placed on involuntary disability retirement following a determination that he was permanently unable to perform his police duties due to a herniated disc. When a 1996 medical examination conclusively determined that petitioner had never had a herniated disc, he sought reinstatement to this former position. After satisfactorily going through...

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