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MATTER OF BARSON v. REGAN

177 A.D.2d 21 (1992)

In the Matter of George Barson, Individually and as Commissioner of The Greenville Fire District, et al., Appellants, v. Edward V. Regan, as Comptroller of The State of New York, et al., Respondents

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

February 27, 1992

Attorney(s) appearing for the Case

Hoffman, Wachtell, Koster, Maier & Mandel (Eric D. Koster of counsel), for appellants.

Robert Abrams, Attorney-General (Leslie B. Neustadt and Wayne L. Benjamin of counsel), for Edward V. Regan and another, respondents.

Donald P. Henry and Thomas F. De Soye for John Masullo, respondent.

Weiss, P. J., Mikoll and Crew III, JJ., concur.

YESAWICH JR., J.

Petitioners seek to annul a determination by respondent Comptroller that respondent John Masullo is permanently disabled and incapacitated from the performance of his duties as a firefighter and that he should be retired pursuant to Retirement and Social Security Law § 363-c. Before answering, the Comptroller moved to dismiss the petition, claiming that petitioners lacked standing to challenge...

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