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IN THE MATTER OF FERGUS v. HEVESI

6 A.D.3d 922 (2004)

774 N.Y.S.2d 882

In the Matter of JENNIFER FERGUS, Petitioner, v. ALAN G. HEVESI, as State Comptroller, Respondent.

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

April 15, 2004.

Mercure, J.

Petitioner, a State Trooper, injured her left knee while participating in a firearms qualification exercise and applied for disability retirement benefits. After her initial application was disapproved, petitioner requested a hearing and redetermination. Thereafter, the Hearing Officer also denied the application upon a finding that petitioner, although temporarily incapacitated from performing the duties of her employment, had unreasonably refused to...

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