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MATTER OF KOZIUK v. NEW YORK STATE COMPTROLLER

509669.

78 A.D.3d 1458 (2010)

915 N.Y.S.2d 164

In the Matter of MARTIN T. KOZIUK, Petitioner, v. NEW YORK STATE COMPTROLLER et al., Respondents.

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

Decided November 24, 2010.

MALONE Jr., J.

Petitioner, a correction officer, applied for performance of duty disability retirement benefits for injuries he sustained in a fall that occurred in the correctional facility's kitchen, where he had been assigned to patrol. After his application was initially disapproved, petitioner requested a redetermination and a hearing was held. Following the hearing, a Hearing Officer concluded that petitioner's disability was not caused by an act of an inmate...

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