Legal Opinion

McComb v. Regan

Appellate Division of the Supreme Court of the State of New York

Decided February 6, 1992PublishedCited by 10 opinions

1Opinion of the Court

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 for Arthur Boyd, Jr.

It is undisputed that Arthur Boyd, Jr., on whose behalf *863petitioner commenced this CPLR article 78 proceeding, is incapacitated from performing his duties as a firefighter due to coronary heart disease. The determinative issue in this proceeding is whether Boyd’s incapacity was the result of a disability sustained in…

2Cases cited4 opinions

  1. Nerney v. New York State Policemen's & Firemen's Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1989
  2. Legault v. ReganAppellate Division of the Supreme Court of the State of New York · 1984
  3. Ashley v. New York Policemen's & Firemen Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1987
  4. Kubica v. New York State Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by10 opinions

  1. Bryant v. HevesiAppellate Division of the Supreme Court of the State of New York · 2007
  2. Skae v. ReganAppellate Division of the Supreme Court of the State of New York · 1994
  3. Ellison v. ReganAppellate Division of the Supreme Court of the State of New York · 1993
  4. Di Laura v. ReganAppellate Division of the Supreme Court of the State of New York · 1993
  5. Helmer v. New York State & Local Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2003

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