SPAIN, J.
Petitioner, a correction officer, applied for performance of duty disability retirement benefits in January 2004, alleging that he was permanently disabled due to both an injury to his right knee while subduing an inmate on October 23, 2003 and to heart disease. Inasmuch as petitioner premised his application on both an injury to his knee resulting from an act of an inmate pursuant to Retirement and Social Security Law § 507-b (a) and on the heart presumption...
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