Cook v. City of Utica

Determination unanimously annulled on the law with costs, petition granted and matter remitted to respondents for further proceedings in accordance with the following Memorandum: Because the Comptroller granted petitioner’s application for performance of duty disability retirement, respondents improperly denied petitioner’s application for disability benefits pursuant to General Municipal Law § 207-a (2) on the ground that petitioner is not disabled as a result of his performance of duties as a firefighter (see, Matter of Putnam v City of Watertown, 213 AD2d 974; Matter of Dembowski v La…