IN THE MATTER OF BRITT v. DiNAPOLI

512893.

91 A.D.3d 1102 (2012)

936 N.Y.S.2d 728

2012 NY Slip Op 168

In the Matter of MAURICE BRITT, Petitioner, v. THOMAS P. DiNAPOLI, as Comptroller of the State of New York, et al., Respondents.

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

Decided January 12, 2012.


McCARTHY, J.

Petitioner was employed as a deputy sheriff when he injured his back while apprehending a suspect in June 1999. He returned to work in 2000 and continued working until January 2005, when he was punched in the lower spine while at work. Respondent New York State and Local Employees' Retirement System denied his application for performance of duty disability retirement benefits on the ground that, although he was permanently incapacitated from performing...

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