MATTER OF GREENWAY v. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM


274 A.D.2d 662 (2000)

711 N.Y.S.2d 538

In the Matter of GARY GREENWAY, Petitioner, v. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM et al., Respondents.

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

Decided July 6, 2000.


Mugglin, J.

Petitioner, a correction officer, filed applications for accidental and performance of duty disability retirement benefits alleging that he sustained a permanently disabling spinal injury when he was assaulted by an inmate during the course of his employment. Following a hearing, respondent Comptroller denied the applications on the ground that petitioner failed to demonstrate that he is permanently incapacitated from performing his duties as a correction...

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