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MATTER OF HUETHER v. REGAN

155 A.D.2d 860 (1989)

In the Matter of Leonard J. Huether, as Fire Chief of The City of Rochester, on Behalf of Walter Hauser, 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 22, 1989

Kane, J. P.

On July 1, 1987, petitioner applied for accidental disability retirement benefits on behalf of Walter Hauser, a firefighter employed by the City of Rochester. After responding to a fire, Hauser was injured by the inhalation of toxic fumes created by burning plastic at the site. The application was denied by respondent and petitioner sought a redetermination. At a subsequent hearing, Hauser testified that when he arrived at the site, the fire...

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