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IN THE MATTER OF CRILL v. HEVESI

27 A.D.3d 1048 (2006)

812 N.Y.S.2d 171

In the Matter of ROBERT CRILL, Petitioner, v. ALAN G. HEVESI, as State Comptroller, Respondent.

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

March 30, 2006.

Kane, J.

Petitioner, a correction officer at Mohawk Correctional Facility in Oneida County, sustained an injury to his right knee in January 1998 when he attempted to subdue a combative inmate. His subsequent application for performance of duty disability retirement benefits was denied on the basis that he was not permanently incapacitated from performing his employment duties. This CPLR article 78 proceeding ensued and...

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