MATTER OF QUEVEDO v. OFFICE OF THE N.Y. STATE COMPTROLLER

514476.

101 A.D.3d 1209 (2012)

955 N.Y.S.2d 440

2012 NY Slip Op 8387

In the Matter of LUIS QUEVEDO, Petitioner, v. OFFICE OF THE NEW YORK STATE COMPTROLLER et al., Respondents.

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

December 6, 2012.


Kavanagh, J.

Petitioner worked as a developmental aide for the Staten Island Developmental Disabilities Services Office and, in 2007, sustained a back injury when he was attacked by a consumer for whom he was caring. He subsequently applied for disability retirement benefits, and there was no dispute that petitioner was permanently incapacitated from the performance of his duties. The Comptroller nevertheless denied petitioner's application after a hearing, finding...

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