NAUGHTON v. DINAPOLI

519474

127 A.D.3d 137 (2015)

4 N.Y.S.3d 740

In the Matter of Scott NAUGHTON, Petitioner, v. THOMAS P. DINAPOLI, as State Comptroller, et al., Respondents.

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

Decided March 12, 2015.


Attorney(s) appearing for the Case

Sherman, Federman, Sambur & McIntyre, New York City ( Sean Patrick Riordan of counsel), for petitioner.

Eric T. Schneiderman , Attorney General, Albany ( William E. Storrs of counsel), for respondents.

McCARTHY, GARRY and ROSE, JJ., concur.


OPINION OF THE COURT

Petitioner, a correction officer, applied for performance of duty disability retirement benefits alleging that he was permanently incapacitated due to a work-related injury to his right knee. The application was initially denied and petitioner requested a hearing and redetermination. At the ensuing hearing...

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