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MATTER OF YANK v. LEVITT

60 A.D.2d 665 (1977)

In the Matter of Louis Yank, Petitioner, v. Arthur Levitt, as Comptroller of The State of New York, and As Administrative Head of the 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.

December 1, 1977

The Comptroller denied petitioner's application upon the ground that the petitioner is not incapacitated for performance of his duties as a police chief as the natural and proximate result of the accident he sustained on March 31, 1971 in which his right knee was injured. This finding is supported by medical testimony in the record and, thus, the Comptroller's determination should be confirmed. The record contains conflicting medical...

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