MATTER OF NICOTERA v. REGAN


72 A.D.2d 863 (1979)

In the Matter of Leo Nicotera, Petitioner, v. Edward V. Regan, as Comptroller of The State of New York, Respondent

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

November 15, 1979


At the hearing on his application for accidental disability retirement benefits, petitioner testified that he experienced chest pains while lifting 35- to 50-pound cartons from an office floor. He received emergency medical treatment and was later advised that he had sustained a heart attack. Normally, a heavy equipment operator for the City of Utica, petitioner had been temporarily assigned to perform general office duties two or three weeks before this incident. He had...

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