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MATTER OF SUTKA v. CONNERS

139 A.D.2d 242 (1988)

In the Matter of William S. Sutka, Petitioner, v. Margaret Conners, as Chairman of The Board of Fire Commissioners of the Fairview Fire District, et al., Respondents

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

July 25, 1988

Attorney(s) appearing for the Case

Ouimette, Goldstein & Andrews, P. C. (Arthur F. Andrews of counsel), for petitioner.

Valentino T. Sammarco for respondents.

KUNZEMAN, J. P., RUBIN and KOOPER, JJ., concur.

WEINSTEIN, J.

We are herein called upon to exercise our review power pursuant to CPLR 7804 (g) in order to ascertain whether an administrative determination that the petitioner was not entitled to continued salary and medical benefits as a disabled firefighter is supported by substantial evidence (CPLR 7803 [4]). For the reasons to be discussed, we find that the respondents' determination was not supported by...

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