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MATTER OF WALTERS v. DiNAPOLI

510864.

82 A.D.3d 1487 (2011)

919 N.Y.S.2d 555

In the Matter of DENNIS R. WALTERS, Petitioner, v. THOMAS P. DiNAPOLI, as Comptroller of the State of New York, et al., Respondents.

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

Decided March 24, 2011.

MALONE Jr., J.

Petitioner, a correction officer since 1985, applied for performance of duty disability retirement benefits, alleging that he was permanently disabled due to a cardiac condition that resulted in him suffering three heart attacks between 1994 and 2005. Respondent New York State and Local Retirement System denied his application, concluding that, although petitioner was permanently incapacitated, the disability did not result from the performance of his...

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