Amarena v. DiNapoli

Peters, J.P

Petitioner, a correction officer, suffered a heart attack in May 2002. He thereafter applied for performance of duty disability retirement benefits, contending that he was permanently disabled due to a heart condition. The New York State and Local Retirement System found that petitioner was permanently incapacitated from performing his job duties, but nonetheless denied his application. Following a hearing, the Hearing Officer upheld the denial, finding that the Retirement System had rebutted the “heart presumption” (see Retirement and Social Security Law § 507-b [c]) and that…