Miszko v. Leeds & Morelli
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from an order of the Supreme Court (Bradley, J), entered October 18, 2002 in Ulster County, which granted defendants’ motion for partial summary judgment.
Plaintiff is a former State Trooper who, after sustaining on-the-job injuries, was originally awarded accidental disability retirement benefits at 50% of his salary. Believing that he was entitled to 75% plaintiff embarked on a journey through state and federal courts, unsuccessfully raising constitutional and civil rights challenges to the percentage then utilized under the Retirement and Social Security Law for the calculation of…
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