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A federal judge on Friday ordered that a doctor and a union boss who are serving eight years in prison for helping LIRR employees fake disabilities and claim benefits they didn’t deserve get a new hearing on their lengthy sentences.

Federal district judge Victor Marrero ordered that Peter Lesniewski and Joseph Rutigliano be sentenced, saying that important new evidence has come to light since the original trails concluded in 2014, including that a board ruled that nearly all of the employees actually were disabled. The evidence, said Marrero, doesn’t show that Lesniewski and Rutigliano didn’t defraud the LIRR, but that the agency didn’t suffer that much as a result.

“The court is persuaded that defendants’ arguments raise substantial questions that, in light of the alleged newly discovered evidence concerning the post-board order approvals, counsel in favor of conducting a hearing on the amount of loss suffered by the LIRR asa result of the defendants’ fraudulent actions,” Marrero wrote in his decision.

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