MATTER OF DZWIELEWSKI v. McCALL


277 A.D.2d 622 (2000)

714 N.Y.S.2d 842

In the Matter of JOSEPH DZWIELEWSKI, Petitioner, v. H. CARL McCALL, as Comptroller of the State of New York, Respondent.

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

Decided November 9, 2000.


Petitioner filed an application for accidental disability retirement benefits alleging that he was permanently incapacitated from performing his duties as a nurse supervisor due to a June 15, 1994 incident whereby a psychiatric patient attempted to assault him when he tried to administer medication to her. According to petitioner, the patient lunged at him with a broken piece of plexiglass but he was able to escape and call for security personnel to restrain her. In his application...

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