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MATTER OF TOTTEY v. VARVAYANIS

307 A.D.2d 652 (2003)

762 N.Y.S.2d 543

In the Matter of JOHN G. TOTTEY, Petitioner, v. MARK VARVAYANIS et al., Respondents. (Proceeding No. 1.) In the Matter of JOHN G. TOTTEY, Petitioner, v. JACK A. BUSH, as Superintendent of the Town of Dryden Highway Department, Respondent. (Proceeding No. 2.)

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

Decided July 31, 2003.

Mercure, J.

In 1999, petitioner, a former employee of the Highway Department of respondent Town of Dryden (hereinafter the Town) in Tompkins County, injured his hip in the course of his employment. The injury deteriorated over time until it was determined that surgery was required in April 2000. After the surgery, petitioner remained out of work until October 2000, during which time he collected workers' compensation benefits at the allowable rate for temporary total...

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