MATTER OF NEELY v. DINAPOLI

507768.

71 A.D.3d 1367 (2010)

898 N.Y.S.2d 671

In the Matter of WAYMAN NEELY, Petitioner, v. THOMAS P. DINAPOLI, as State Comptroller, Respondent.

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

Decided March 25, 2010.


Garry, J.

Petitioner, a correction officer, was injured in February 1985 when he fell from a ladder during a training exercise and sustained calcaneal fractures of both ankles. Following multiple surgeries and a lengthy rehabilitation, petitioner returned to work. Thereafter, in January 2000, while attempting to quell a disturbance between two inmates, petitioner twisted and reinjured one or both of his ankles. Although not entirely clear from the record, it appears...

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