MATTER OF COHEN v. LEVITT


36 A.D.2d 992 (1971)

In the Matter of Harry Cohen, 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.

May 18, 1971


Petitioner, a member of the New York State Employees' Retirement System, filed an application for accidental disability retirement on April 3, 1963. After hearings were held, the application was disapproved by the State Comptroller upon the ground that petitioner failed to establish an "accident" within the meaning of section 63. An article 78 proceeding instituted to review the final determination was thereafter discontinued upon a stipulation which provided that petitioner...

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