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IN THE MATTER OF DYMOND v. HEVESI

24 A.D.3d 938 (2005)

805 N.Y.S.2d 186

In the Matter of ERNEST A. DYMOND, Petitioner, v. ALAN G. HEVESI, as Comptroller of the State of New York, Respondent.

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

December 8, 2005.

MUGGLIN, J.

The sole issue presented in this proceeding is whether substantial evidence supports respondent's determination denying performance of duty disability benefits* to petitioner for his present conceded disability, a grade III AC shoulder separation. Respondent denied petitioner's application on the basis that the shoulder condition only temporarily disables petitioner from the performance of his duties as a police officer because...

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