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MATTER OF BROWN v. REGAN

112 A.D.2d 570 (1985)

In the Matter of Alexander Brown, 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.

July 11, 1985

Harvey, J.

The issue in this proceeding is simple. It is a question of whether a police officer is eligible for accidental disability retirement pursuant to Retirement and Social Security Law § 363 when he is physically able to perform the duties required of him.

Petitioner is a police officer in the Nassau County Police Department. He was injured in the line of duty and was disabled to some extent. The doctors who testified at the hearing...

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