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MATTER OF BYRNE v. DiNAPOLI

511665.

85 A.D.3d 1530 (2011)

926 N.Y.S.2d 222

2011 NY Slip Op 5615

In the Matter of MICHAEL BYRNE, Petitioner, v. THOMAS P. DiNAPOLI, as State Comptroller, et al., Respondents.

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

Decided June 30, 2011.

SPAIN, J.

Petitioner, a firefighter, took regular service retirement in 2005 and was thereafter diagnosed with prostate cancer. He underwent surgery to remove the cancer and required no further treatment. Petitioner then applied for accidental and performance of duty disability retirement benefits alleging that he had developed the cancer prior to his retirement (see Retirement and Social Security Law § 363...

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