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MATTER OF BENEDETTO v. DiNAPOLI

508733.

73 A.D.3d 1380 (2010)

902 N.Y.S.2d 681

In the Matter of RICHARD BENEDETTO, Petitioner, v. THOMAS P. DiNAPOLI, as Comptroller of the State of New York, et al., Respondents.

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

Decided May 20, 2010.

Lahtinen, J.

Petitioner, a correction officer, injured his back after falling on stairs in the correctional facility in January 2004. He has not returned to work since the incident and, in 2005, petitioner applied for accidental disability retirement benefits. Following the initial disapproval of his application, petitioner requested a redetermination and a hearing was held. The Hearing Officer concluded that the incident...

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