MATTER OF COOK v. CITY OF UTICA


216 A.D.2d 944 (1995)

629 N.Y.S.2d 704

In the Matter of Robert J. Cook, Petitioner, v. City of Utica et al., Respondents

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

June 9, 1995


Determination unanimously annulled on the law with costs, petition granted and matter remitted to respondents for further proceedings in accordance with the following Memorandum: Because the Comptroller granted petitioner's application for performance of duty disability retirement, respondents improperly denied petitioner's application for disability benefits pursuant to General Municipal Law § 207-a (2) on the ground that petitioner is not disabled as a result of his...

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