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IN THE MATTER OF STEWART v. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM

27 A.D.3d 975 (2006)

811 N.Y.S.2d 217

In the Matter of RODNEY P. STEWART, Petitioner, v. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM et al., Respondents.

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

March 23, 2006.

Carpinello, J.

Petitioner, a correction officer, applied for performance of duty disability retirement benefits after he sustained physical injuries to his neck, back and shoulder as a result of incidents occurring in 1994, 1998 and 1999. His application was initially denied on the ground that his disability was not the natural and proximate result of an incident occurring while he was in service. Following a hearing, a hearing officer upheld the denial based upon...

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