MATTER OF MARSALA v. REGAN


178 A.D.2d 912 (1991)

In the Matter of Thomas P. Marsala, 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.

December 31, 1991


Levine, J.

Petitioner, a Deputy Fire Chief in the Hartsdale Fire District in Westchester County, was denied disability retirement benefits on the ground, inter alia, that he was not permanently incapacitated from the performance of his duties. There is evidence in the record clearly establishing that petitioner is fully capable of performing the assignments he was given upon being placed on permanent light-duty status following a reinjury to his...

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