MATTER OF AMARENA v. DiNAPOLI

512330.

89 A.D.3d 1362 (2011)

934 N.Y.S.2d 535

2011 NY Slip Op 8539

In the Matter of CHRISTOPHER J. AMARENA, Petitioner, v. THOMAS P. DiNAPOLI, as Comptroller of the State of New York, Respondent.

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

Decided November 23, 2011.


PETERS, J.P.

Petitioner, a correction officer, suffered a heart attack in May 2002. He thereafter applied for performance of duty disability retirement benefits, contending that he was permanently disabled due to a heart condition. The New York State and Local Retirement System found that petitioner was permanently incapacitated from performing his job duties, but nonetheless denied his application. Following a hearing, the Hearing Officer upheld the denial, finding...

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