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MATTER OF DAVIS v. DINAPOLI

56 A.D.3d 933 (2008)

867 N.Y.S.2d 752

In the Matter of LEMUEL A. DAVIS, Petitioner, v. THOMAS P. DINAPOLI, as State Comptroller, Respondent.

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

November 13, 2008.

Lahtinen, 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.

Petitioner, a correction officer for the Westchester County Department of Correction, applied for performance of duty disability retirement benefits after he injured his neck and back while...

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