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MATTER OF POMAKOY v. LOMBARDO

173 A.D.2d 13 (1991)

In the Matter of Joseph T. Pomakoy, Appellant, v. Samuel P. Lombardo et al., Constituting The City of Albany Municipal Civil Service Commission, et al., Respondents

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

December 19, 1991

Attorney(s) appearing for the Case

Peter Henner for appellant.

Vincent J. McArdle, Jr., Corporation Counsel (William M. Goldstein of counsel), for respondents.

CASEY, J. P., and MIKOLL, J., concur with YESAWICH JR., J.; LEVINE AND CREW III, JJ., dissent in an opinion by LEVINE, J.

YESAWICH JR., J.

Petitioner was hired as a firefighter by respondent City of Albany in 1958. After being diagnosed with heart disease in 1968, he was given light duty assignments until he suffered a heart attack on November 29, 1984. It is not clear from the record why petitioner was assigned light duties. Petitioner claims that his heart disease was work related and that, although a formal determination awarding...

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