MATTER OF MARTINSON v. REGAN


176 A.D.2d 1121 (1991)

In the Matter of Richard J. Martinson, 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.

October 24, 1991


Mikoll, J.

Petitioner's applications for accidental and performance of duty disability retirement benefits filed February 29, 1988 were initially disapproved on the ground that the cause of the disability described did not constitute an occurrence sustained in the performance of his duties as a firefighter. After a hearing, the initial determinations were upheld on the basis that petitioner was "not in service" when the alleged incident occurred, as required...

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