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DE NOVIO v. SCHENECTADY

293 A.D.2d 101 (2002)

741 N.Y.S.2d 573

In the Matter of RICHARD DE NOVIO, Appellant, v. COUNTY OF SCHENECTADY et al., Respondents.

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

April 11, 2002.

Attorney(s) appearing for the Case

Christopher H. Gardner, General Counsel, American Federation of State County Municipal Employees International, Albany (Richard V. Stewart Jr. of counsel), for appellant.

Eliot Spitzer, Attorney General, Albany (William E. Storrs of counsel), for H. Carl McCall, respondent.

Roemer, Wallens & Mineaux L.L.P., Albany (Elayne G. Gold of counsel), for County of Schenectady and another, respondents.

CARDONA, P.J., CREW III, CARPINELLO and ROSE, JJ., concur.

OPINION OF THE COURT

SPAIN, J.

In December 1991, while employed by respondent County of Schenectady as a correction officer with the Sheriff's Department, petitioner slipped on a wet floor and sustained injuries. Thereafter, petitioner, a member of tier IV of the State and Local Employees' Retirement System, was placed on disability and paid a benefit equal to his full salary pursuant to General Municipal Law § 207-c. Petitioner collected section 207...

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