Claim of Inguaggiato v. Regan

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 respondent which denied petitioner’s application for performance of duty disability retirement benefits.

It is undisputed that petitioner is incapacitated from performing his duties as a line firefighter or fire inspector due to coronary artery disease. The issue to be determined in this CPLR article 78 proceeding is whether substantial evidence exists to support respondent’s determination that petitioner’s incapacity was not the result of a…