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IN THE MATTER OF ESCALERA v. HEVESI

9 A.D.3d 666 (2004)

780 N.Y.S.2d 92

In the Matter of ROBERT ESCALERA, Petitioner, v. ALAN G. HEVESI, as Comptroller of the State of New York, Respondent. (Proceeding No. 1.) In the Matter of MICHAEL W. DOWNEY, Petitioner, v. ALAN G. HEVESI, as Comptroller of the Sate of New York, Respondent. (Proceeding No. 2.) In the Matter of JAVIER L. CORONA, Petitioner, v. ALAN G. HEVESI, as Comptroller of the State of New York, Respondent. (Proceeding No. 3.)

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

July 8, 2004.

ROSE, J.

Petitioners are correction officers employed by the Westchester County Department of Corrections. As a result of the investigation of accusations of sexual misconduct made by female inmates against them, petitioners faced both criminal and disciplinary charges. After all charges resulted in acquittals or dismissals, petitioners stopped working and filed applications for performance of duty disability retirement benefits pursuant to Retirement and Social Security...

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