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MATTER OF HUETHER v. REGAN

134 A.D.2d 686 (1988)

In the Matter of Leonard J. Huether, as Fire Chief of The City of Rochester, on Behalf of Vincent De Lorenzo, et al., 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 5, 1988

Mikoll, J.

This is a CPLR article 78 proceeding to review denials of applications for duty disability retirement benefits for three firefighters pursuant to Retirement and Social Security Law § 363-c. The issue in this proceeding is whether the firefighters' disabilities were incurred in the performance and discharge of their duties.

It is uncontested that all three firefighters suffered disabling

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