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IN THE MATTER OF ESPOSITO v. HEVESI

30 A.D.3d 667 (2006)

815 N.Y.S.2d 363

In the Matter of SALVATORE ESPOSITO, Petitioner, v. ALAN G. HEVESI, as Comptroller of the State of New York et al., Respondents.

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

June 1, 2006.

Mugglin, J.

Petitioner, a correction officer employed by the Department of Correctional Services, slipped on food on the floor of a cellblock and fell in December 1981, injuring his left knee. In October 1997, he injured his back while helping to lift an inmate who had fallen out of bed and who claimed to be unable to assist in lifting himself off a stretcher. As relevant to this appeal, petitioner's application for performance of duty disability retirement benefits...

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