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IN THE MATTER OF BATISTA v. NEW YORK STATE COMPTROLLER

56 A.D.3d 927 (2008)

867 N.Y.S.2d 274

In the Matter of PEDRO A. BATISTA, Petitioner, v. NEW YORK STATE COMPTROLLER et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 13, 2008.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination by respondent Comptroller which denied petitioner's application for accidental disability retirement benefits.

Peters, J.

Petitioner, a police sergeant employed by the Port Authority of New York and New Jersey, investigated a radiation alarm located within the Lincoln Tunnel. He then ascended up a five-step stairway...

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