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ASHLEY v. RET. SYS.

132 A.D.2d 90 (1987)

In the Matter of Thomas J. Ashley, Petitioner, v. 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.

November 25, 1987

Attorney(s) appearing for the Case

Frederick J. Adler for petitioner.

Robert Abrams, Attorney-General (Patrick Barnett-Mulligan and Nancy A. Spiegel of counsel), for respondent.

KANE, CASEY, WEISS and LEVINE, JJ., concur.

MAHONEY, P. J.

In July 1982, after undergoing a required medical examination, petitioner was appointed to a position with the Police Department of the Town of Eastchester in Westchester County. On September 18, 1985, he was hospitalized complaining of chest pains. Thereafter, on November 4, 1985, petitioner filed a timely application for retirement for disability incurred in performance of duty under Retirement...

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