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MATTER OF McGOWAN v. FAIRVIEW FIRE DISTRICT

51 A.D.3d 796 (2008)

858 N.Y.S.2d 278

In the Matter of LANCE McGOWAN, Respondent, v. FAIRVIEW FIRE DISTRICT, Appellant.

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

Decided May 13, 2008.

Ordered that the judgment is affirmed, with costs.

The petitioner was employed as a firefighter by the Fairview Fire District (hereinafter the District) and allegedly sustained a job-related injury on November 13, 1993. The New York State Comptroller approved his application for performance of duty disability retirement pursuant to Retirement and Social Security Law § 363-c and granted him performance of duty disability retirement effective August 1, 1995. In...

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