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MATTER OF BRYANT v. HEVESI

41 A.D.3d 930 (2007)

838 N.Y.S.2d 228

In the Matter of JAMES W. BRYANT, Petitioner, v. ALAN G. HEVESI, as Comptroller of the State of New York, et al., Respondents.

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

Decided June 7, 2007.

Carpinello, J.

Petitioner experienced a mild heart attack as he was entering the prison where he was employed as a correction officer and was eventually diagnosed with atherosclerotic heart disease. As a result of this disabling condition, he applied for performance of duty disability retirement benefits (see Retirement and Social Security Law § 507-b). Respondent Comptroller denied the application on the ground...

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