MATTER OF CUTTINO v. NEW YORK STATE COMPTROLLER

510282.

80 A.D.3d 1067 (2011)

915 N.Y.S.2d 413

In the Matter of DION CUTTINO, Petitioner, v. NEW YORK STATE COMPTROLLER et al., Respondents.

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

Decided January 20, 2011.


ROSE, J.

Petitioner is a correction corporal who injured his head, neck and left shoulder in a work-related fall in 2003. He missed three months of work, returned to light duty for two months and then worked full duty until 2005, when he underwent left shoulder surgery to repair a torn labrum and rotator cuff. Since his surgery, petitioner has worked light duty as the supervisor of the mail room. He applied for performance of duty disability retirement benefits in...

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