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MATTER OF FREDERICK v. NEW YORK STATE COMPTROLLER

533695.

204 A.D.3d 1292 (2022)

164 N.Y.S.3d 898

2022 NY Slip Op 02605

In the Matter of John Frederick, Petitioner, v. New York State Comptroller et al., Respondents.

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

Decided April 21, 2022.

Attorney(s) appearing for the Case

Miller & Caggiano, LLP, Bohemia (Vanessa Cruz of counsel), for petitioner.

Letitia James, Attorney General, Albany (Dustin J. Brockner of counsel), for respondents.

Garry, P.J., Reynolds Fitzgerald, Ceresia and Fisher, JJ., concur.

Petitioner, a correction officer, filed an application for performance of duty disability retirement benefits based on injuries to his right and left shoulder, sustained in incidents in July 2015 and February 2016, when he was attempting to stop altercations between incarcerated individuals. The application was initially denied on the...

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