Appellate Division of the Supreme Court of the State of New York January 15, 2004 (Miszko v. Leeds & Morelli)

Spain, 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.