MATTER OF PELLITTIERE v. NEW YORK STATE & LOCAL POLICE & FIRE RETIREMENT SYS.

518298.

121 A.D.3d 1143 (2014)

993 N.Y.S.2d 586

2014 NY Slip Op 06629

In the Matter of MICHAEL M. PELLITTIERE, Petitioner, v. NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM, Respondent.

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

Decided October 2, 2014.


LYNCH, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Comptroller which denied petitioner's applications for performance of duty and accidental disability retirement benefits.

Petitioner began working as a firefighter in 1990, and a physical examination at that time revealed no evidence of any heart condition. He was thereafter found to have intermittent...

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