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IN THE MATTER OF SAVIO v. HEVESI

27 A.D.3d 1002 (2006)

811 N.Y.S.2d 228

In the Matter of EDWARD J. SAVIO, Petitioner, v. ALAN G. HEVESI, as State Comptroller, et al., Respondents.

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

March 23, 2006.

Cardona, P.J.

Petitioner, a correction officer at Lakeview Shock Correctional Facility in Chautauqua County, was injured in December 1999 while attempting to subdue an unruly inmate. He thereafter filed applications for disability retirement benefits and performance of duty disability retirement benefits. Petitioner's applications were denied on the basis that he was not permanently incapacitated from performing his duties as a correction officer. This CPLR article...

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