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IN THE MATTER OF LAWLESS v. DINAPOLI

56 A.D.3d 1114 (2008)

867 N.Y.S.2d 774

In the Matter of ROBERT E. LAWLESS, Petitioner, v. THOMAS P. DINAPOLI, as State Comptroller, Respondent.

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

November 6, 2008.

Spain, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which denied petitioner's application for performance of duty disability retirement benefits.

Petitioner applied for performance of duty disability retirement benefits in February 2003 alleging that he was permanently incapacitated as the result of a heart attack he suffered approximately...

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