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IN THE MATTER OF CAVALIERI v. NEW YORK STATE & LOCAL RETIREMENT SYS.

504225.

2008 NY Slip Op 06339

IN THE MATTER OF MICHAEL CAVALIERI, Petitioner, v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEM, Respondent.

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

Decided and Entered: July 17, 2008.

Attorney(s) appearing for the Case

Chiacchia & Fleming, L.L.P., Hamburg (Christen A. Pierrot of counsel), for petitioner.

Andrew M. Cuomo, Attorney General, Albany (Andrew B. Ayers of counsel), for respondent.

Before: Cardona, P.J., Peters, Spain, Carpinello and Stein, JJ.

MEMORANDUM AND JUDGMENT

CARPINELLO, J.

On August 13, 1999, petitioner, a correction officer, was frisking an inmate when he felt a sharp pain in his back. He thereafter missed a considerable period of time from work as a result of this injury. On January 19, 2002, having returned to work on light-duty status, he fell on a flight of stairs and reportedly injured his neck. In November 2002, petitioner applied for and was subsequently denied disability retirement...

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