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MATTER OF KUTZMA v. NEW YORK STATE COMPTROLLER

512309.

90 A.D.3d 1291 (2011)

935 N.Y.S.2d 667

2011 NY Slip Op 9068

In the Matter of MICHAEL D. KUTZMA, Petitioner, v. NEW YORK STATE COMPTROLLER et al., Respondents.

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

Decided December 15, 2011.

GARRY, J.

Petitioner, a court officer, was injured in an altercation outside a courtroom in 2005. He subsequently applied for accidental disability retirement benefits, alleging that he was permanently incapacitated from performing his job duties as a result of his injuries. The application was denied and petitioner requested a hearing and redetermination. Following a hearing, the Hearing Officer upheld the denial, finding that petitioner was not permanently incapacitated...

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