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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