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MATTER OF KOSSIFOS v. DiNAPOLI

512994.

92 A.D.3d 1073 (2012)

938 N.Y.S.2d 372

2012 NY Slip Op 891

In the Matter of JOHN N. KOSSIFOS, Petitioner, v. THOMAS P. DiNAPOLI, as State Comptroller, Respondent.

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

Decided February 9, 2012.

PETERS, J.P.

Petitioner, a correction officer, injured his right knee while subduing an inmate in August 2003. In 2007, he applied for performance of duty disability retirement benefits, alleging that he was permanently incapacitated from performing his job duties as a result of the 2003 injury. The application was initially denied and petitioner sought a hearing and a redetermination. Following a hearing, the Hearing Officer denied the application, finding that,...

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