MATTER OF SCOTT v. DiNAPOLI

511624.

84 A.D.3d 1694 (2011)

924 N.Y.S.2d 184

In the Matter of JEFFREY D. SCOTT, 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 May 26, 2011.


GARRY, J.

Petitioner, a correction officer, applied for performance of duty disability retirement benefits, alleging that he was permanently disabled as a result of heart disease attributable to his employment. Respondent New York State and Local Retirement System denied the application, finding that although petitioner was permanently incapacitated from performing his work duties, the incapacity was not sustained as a result of the performance of his duties as a...

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