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MTR. OF CLARK v. LEVITT

35 A.D.2d 404 (1970)

In the Matter of Charles W. Clark, Petitioner, v. Arthur Levitt, as Comptroller of The State of New York, Respondent

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

December 29, 1970.

Attorney(s) appearing for the Case

Cahn, Cahn & Thompson (Richard C. Cahn of counsel), for petitioner.

louis J. Lefkowitz, Attorney-General (Alan W. Rubenstein and Ruth Kessler Toch of counsel), for respondent.

HERLIHY, P. J., REYNOLDS, STALEY, JR., and SWEENEY, JJ., concur.

GREENBLOTT, J.

This is a proceeding under article 78 of the CPLR (transferred to the Appellate Division of the Supreme Court in the Third Judicial Department by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Comptroller which disapproved petitioner's application for ordinary disability retirement benefits.

Petitioner, a male nurse with over...

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