Huether v. Regan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Kane, J. P.
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 accidental disability retirement benefits for firefighter Walter Hauser.
On July 1, 1987, petitioner applied for accidental disability retirement benefits on behalf of Walter Hauser, a firefighter employed by the City of Rochester. After responding to a fire, Hauser was injured by the inhalation of toxic fumes created by burning plastic at the site. The application was denied by…
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