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MATTER OF KEIL v. NEW YORK STATE COMPTROLLER

506968.

66 A.D.3d 1317 (2009)

887 N.Y.S.2d 377

2009 NY Slip Op 7732

In the Matter of ROBERT W. KEIL, Petitioner, v. NEW YORK STATE COMPTROLLER et al., Respondents.

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

Decided October 29, 2009.

Rose, J.

Petitioner sustained a shoulder injury in the line of duty as a police officer. After recovering for two months on sick leave, he was found able to perform limited-duty work. He worked in that capacity for about 10 months before undergoing surgery. He was then absent while recovering for four months, again on sick leave. Upon his return to work, he was again assigned limited-duty work. One year and 11 months later, petitioner applied

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