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MATTER OF HAZELL v. LEVITT

26 A.D.2d 728 (1966)

In the Matter of William A. Hazell, Petitioner, v. Arthur Levitt, as Comptroller of The State of New York, Respondent

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

July 7, 1966

MEMORANDUM BY THE COURT.

Upon conflicting medical evidence the Comptroller not only found that the incident of March 6, 1963, asserted by petitioner to have precipitated a permanently disabling posterior myocardial infarction, did not constitute an accident within the meaning of section 63 of the Retirement and Social Security Law but to the contrary that petitioner's present incapacity is due to a degenerative heart condition unrelated to accident and from his own...

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