Huether v. Regan

— Mikoll, J.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review determinations of respondent which denied petitioner’s applications for duty disability retirement benefits for three firefighters.

This is a CPLR article 78 proceeding to review denials of applications for duty disability retirement benefits for three firefighters pursuant to Retirement and Social Security Law § 363-c. The issue in this proceeding is whether the firefighters’ disabilities were incurred in the performance and discharge of their duties.