Cuttino v. New York State Comptroller
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, 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 Comptroller which denied petitioner’s application for performance of duty disability retirement benefits.
Petitioner is a correction corporal who injured his head, neck and left shoulder in a work-related fall in 2003. He missed three months of work, returned to light duty for two months and then worked full duty until 2005, when he underwent left shoulder surgery to repair a torn labrum and rotator cuff. Since his surgery,…
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