MATTER OF MYLCHREEST v. HEVESI


32 A.D.3d 648 (2006)

819 N.Y.S.2d 808

In the Matter of RICHARD E. MYLCHREEST, Petitioner, v. ALAN G. HEVESI, as State Comptroller, et al., Respondents.

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

August 10, 2006.


Carpinello, J.

Petitioner sustained injuries to his back while performing his duties as a firefighter during separate incidents in January 1998 and January 2002. After his ensuing applications for accidental and performance of duty disability retirement benefits were disapproved, petitioner requested a hearing and redetermination. The Hearing Officer ultimately denied the applications on the grounds that petitioner was not permanently incapacitated from performing...

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