MATTER OF MARTONE v. NEW YORK STATE COMPTROLLER

513747.

95 A.D.3d 1554 (2012)

943 N.Y.S.2d 921

2012 NY Slip Op 3923

In the Matter of MICHELINA MARTONE, Petitioner, v. NEW YORK STATE COMPTROLLER et al., Respondents.

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

Decided May 17, 2012.


Petitioner, a school security aid, sustained injuries to her knee and neck when she slipped and fell on an area of wet floor that had recently been mopped. She thereafter applied for accidental disability retirement benefits, which were ultimately denied by respondent Comptroller. Petitioner then commenced this CPLR article 78 proceeding to challenge that determination.

Respondents now concede that petitioner's injuries resulted from an accident and have informed...

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