MATTER OF ANDRUS v. DINAPOLI

517080

114 A.D.3d 1078 (2014)

981 N.Y.S.2d 461

2014 NY Slip Op 1238

In the Matter of ERNEST ANDRUS, Petitioner, v. THOMAS P. DINAPOLI, as State Comptroller, Respondent.

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

Decided February 20, 2014.


STEIN, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which denied petitioner's application for performance of duty disability retirement benefits.

In July 2009, petitioner, a correction officer, was involved in a work-related incident while helping a fellow correction officer subdue an unruly inmate, and he allegedly sustained injuries to...

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