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MATTER OF BARON v. NEW YORK STATE COMPTROLLER

511388.

84 A.D.3d 1678 (2011)

924 N.Y.S.2d 190

In the Matter of PAUL S. BARON, Petitioner, v. NEW YORK STATE COMPTROLLER et al., Respondents.

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

Decided May 26, 2011.

EGAN Jr., J.

Petitioner, a correction officer, was diagnosed with coronary heart disease in 2006 and applied for performance of duty disability retirement benefits. The application was initially denied on the ground that petitioner's disability was not sustained as the result of his work duties. Petitioner sought a rehearing and redetermination, at the conclusion of which the Hearing Officer upheld the denial, finding that...

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