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MATTER OF BEHAN v. LEVITT

52 A.D.2d 963 (1976)

In the Matter of Cuthbert J. Behan, Jr., Petitioner, v. Arthur Levitt, as Comptroller of The State of New York and Administrative Head of New York State Policemen's and Firemen's Retirement System, Respondent

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

May 6, 1976

In August of 1971 the petitioner sustained a myocardial infarction as the result of purely personal activities and while he was not on duty. For a period of about 24 hours, beginning the morning of June 9, 1973, the petitioner, while in the performance of his duties as a policeman, encountered emergency situations involving strenuous physical exertion on his part and falling down several times. About five days later he was hospitalized...

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