Appellate Division of the Supreme Court of the State of New York June 9, 1995 (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 §