MATTER OF INGUAGGIATO v. REGAN


193 A.D.2d 1045 (1993)

598 N.Y.S.2d 383

In the Matter of the Claim of Robert Inguaggiato, Petitioner, v. Edward V. Regan, as Comptroller of The State of New York and Administrative Head of The New York State Police and Fire Retirement System, Respondent

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

May 27, 1993


It is undisputed that petitioner is incapacitated from performing his duties as a line firefighter or fire inspector due to coronary artery disease. The issue to be determined in this CPLR article 78 proceeding is whether substantial evidence exists to support respondent's determination that petitioner's incapacity was not the result of a disability sustained in the performance of his duties as a firefighter. Both the medical expert for petitioner and the medical expert for...

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