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MATTER OF WHITE v. DiNAPOLI

513700.

94 A.D.3d 1290 (2012)

941 N.Y.S.2d 895

2012 NY Slip Op 2749

In the Matter of ISAAC J. WHITE, Petitioner, v. THOMAS P. DiNAPOLI, as State Comptroller, Respondent.

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

Decided April 12, 2012.

SPAIN, J.

Petitioner, a correction officer, filed an application for performance of duty disability retirement benefits, alleging, among other things, that he was permanently incapacitated due to a shoulder injury sustained on July 8, 2006.* According to petitioner, he was supervising a work crew of inmates stripping dirty wax off a floor when he turned to inspect a kitchen sink that had just been cleaned. As he turned back, he stepped...

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