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MATTER OF STAGE v. DiNAPOLI

511888.

86 A.D.3d 857 (2011)

926 N.Y.S.2d 922

2011 NY Slip Op 6012

In the Matter of JOHN M. STAGE, Petitioner, v. THOMAS P. DiNAPOLI, as State Comptroller, et al., Respondents.

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

Decided July 21, 2011.

KAVANAGH, J.

Petitioner, a correction officer, applied for performance of duty disability retirement benefits after suffering two heart attacks. After it was determined that his disability was not work related, petitioner's application was denied. He subsequently requested a hearing and a redetermination, at which time petitioner sought to submit a medical report regarding his cardiac condition. Because the medical report had not been submitted by petitioner to respondent...

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