Feldon v. New York State Comptroller
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Petitioner, a correction officer employed by Nassau County, suffered from arteriosclerotic heart disease which required coronary artery bypass surgery. His application for performance of duty disability retirement benefits was denied on the ground that his disability did not arise from his work duties. Petitioner requested a hearing and redetermination, following which a Hearing Officer upheld the denial. In relevant part, respondent Comptroller accepted the Hearing Officer’s findings and conclusions, and petitioner thereafter commenced this CPLR article 78 proceeding.
We confirm. Initially,…
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