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MATTER OF O'DONOGHUE v. DiNAPOLI

536126.

221 A.D.3d 1229 (2023)

200 N.Y.S.3d 486

2023 NY Slip Op 05773

In the Matter of Patrick J. O'Donoghue, Petitioner, v. Thomas P. DiNapoli, as State Comptroller, et al., Respondents.

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

Decided November 16, 2023.

Attorney(s) appearing for the Case

McIntyre, Donohue, Accardi, Salmonson & Riordan, LLP, Bay Shore (David Donohue of counsel), for petitioner.

Letitia James, Attorney General, Albany (Kevin C. Hu of counsel), for respondents.

Aarons, Pritzker, Ceresia and Fisher, JJ., concur.

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 Comptroller denying petitioner's application for performance of duty disability retirement benefits.

Petitioner, a correction officer, suffered a heart attack in 2007...

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