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MATTER OF BIRO v. DiNAPOLI

511666.

85 A.D.3d 1531 (2011)

926 N.Y.S.2d 715

2011 NY Slip Op 5616

In the Matter of ANDREW S. BIRO, Petitioner, v. THOMAS P. DiNAPOLI, as Comptroller of the State of New York, Respondent.

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

Decided June 30, 2011.

McCARTHY, J.

Petitioner, a correction officer, injured his right shoulder in an altercation with an inmate in October 2007. Although he returned to light duty shortly after the incident, he underwent shoulder surgery in January 2008 and never returned to work. In March 2008, petitioner applied for enhanced disability retirement benefits under Retirement and Social Security Law § 507-a and performance of duty disability retirement benefits. He retired from his...

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