MATTER OF COHOES v. McCALL


221 A.D.2d 791 (1995)

633 N.Y.S.2d 426

In the Matter of City of Cohoes, Petitioner, v. H. Carl McCall, as State Comptroller, et al., Respondents

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

November 16, 1995


Petitioner commenced this proceeding on behalf of Domiano Colaruotolo, a firefighter employed by the City of Cohoes Fire Department who injured his right arm while performing his duties as a firefighter. Petitioner asserts that the denial of performance of duty disability retirement benefits to Colaruotolo is not supported by substantial evidence. We disagree. There is conflicting medical evidence as to whether Colaruotolo's injury rendered him unfit for duty as a firefighter...

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