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MATTER OF CURTIS v. NEW YORK STATE COMPTROLLER

281 A.D.2d 780 (2001)

722 N.Y.S.2d 116

In the Matter of JAMES E. CURTIS, Petitioner, v. NEW YORK STATE COMPTROLLER et al., Respondents.

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

Decided March 15, 2001.

Peters, J.

Petitioner, a detective in the Village of Lynbrook Police Department in Nassau County who had been on sick leave for approximately two years, was shot in the head with his own gun by Charles Davis who, as a result thereof, was convicted of several crimes, including attempted murder. Contending that he was engaged in police duties at the time of the shooting, petitioner applied for accidental disability retirement benefits. After a hearing, respondent Comptroller...

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