MATTER OF FELDON v. NEW YORK STATE COMPTROLLER

507311

69 A.D.3d 1092 (2010)

894 N.Y.S.2d 179

2010 NY Slip Op 350

In the Matter of MICHAEL A. FELDON, Petitioner, v. NEW YORK STATE COMPTROLLER et al., Respondents.

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

Decided January 14, 2010.


Rose, J.

Petitioner, a correction officer employed by Nassau County, suffered from arteriosclerotic heart disease which required coronary artery bypass surgery. His application for performance of duty disability retirement benefits was denied on the ground that his disability did not arise from his work duties. Petitioner requested a hearing and redetermination, following which a Hearing Officer upheld the denial. In relevant part, respondent Comptroller accepted...

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