IN THE MATTER OF LYNN v. OFFICE OF THE COMPTROLLER OF THE STATE OF NEW YORK


16 A.D.3d 935 (2005)

791 N.Y.S.2d 729

In the Matter of JOHN LYNN, Petitioner, v. OFFICE OF THE COMPTROLLER OF THE STATE OF NEW YORK et al., Respondents.

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

March 24, 2005.


Lahtinen, J.

In December 1992, petitioner, a police officer, injured his lower back and left arm when he fell while responding to a burglary alarm. He was treated at a hospital and missed 2½ to 3 months of work. Thereafter, he returned to his normal duties until 1998, when he ceased working claiming that pain associated with his back injury prevented him from performing his job duties. His applications for performance of duty and ordinary disability retirement...

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