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MATTER OF NICOTERA v. REGAN

78 A.D.2d 932 (1980)

In the Matter of Raymond 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 13, 1980

On January 7, 1976, the petitioner sustained various injuries in a work-related accident. Two doctors testified, one on behalf of the petitioner, the other on behalf of the respondent. Both doctors agreed that the injury to petitioner's back was an aggravation of a pre-existing condition, as a result of which he would be unable to perform his prior duties. The petitioner's doctor stated that the degenerative changes in the spine, as shown in the X-ray pictures, would be remotely...

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