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IN THE MATTER OF HOFMANN v. NEW YORK STATE COMPTROLLER

510283.

80 A.D.3d 871 (2011)

913 N.Y.S.2d 839

In the Matter of KEITH HOFMANN, Petitioner, v. NEW YORK STATE COMPTROLLER et al., Respondents.

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

Decided January 6, 2011.

LAHTINEN, J.

Petitioner, a correction officer, was injured while attempting to break up a fight between inmates in February 1995 and has not worked since that time. A Hearing Officer denied his application for performance of duty disability retirement benefits, finding that he failed to establish that his disability was the natural and proximate result of the inmate incident. Respondent Comptroller adopted the Hearing Officer...

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