Huether v. Regan

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the *908Supreme Court, entered in Albany County) to review a determination of respondent which denied petitioner’s application for performance of duty disability retirement for Robert Farina.

Robert Farina, a City of Rochester firefighter, applied for performance of duty disability retirement benefits under Retirement and Social Security Law § 363-c. The initial determination of the New York State Policemen’s and Firemen’s Retirement System denied the application on the ground that Farina’s incapacity did not result from…