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MATTER OF WARSHAWSKY v. DiNAPOLI

507801.

73 A.D.3d 1357 (2010)

901 N.Y.S.2d 415

In the Matter of PHILIP WARSHAWSKY, Respondent, v. THOMAS P. DiNAPOLI, as State Comptroller, et al., Appellants.

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

Decided May 20, 2010.

Garry, J.

Before his employment as a court officer, petitioner underwent a physical examination that revealed no evidence of heart problems. In 1996, he suffered a heart attack. He applied for accidental disability retirement benefits in 2003, immediately after a second heart attack. His application identified no specific incident as the causative event. Respondent New York State and Local Retirement System denied the application...

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