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MATTER OF VICKS v. HEVESI

45 A.D.3d 1036 (2007)

845 N.Y.S.2d 843

In the Matter of DAVID D. VICKS, 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.

Decided November 8, 2007.

Carpinello, J.

The facts underlying this CPLR article 78 proceeding, which has been transferred to this Court (see CPLR 7804 [g]), can be succinctly stated. Petitioner was a firefighter for over 20 years when he was injured in the line of duty in September 1995. Although he attempted to resume work as a full-time firefighter, he was unable to do so because of his injuries, and his last day of work in this capacity was on November 24, 1995. Between January 17...

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