MATTER OF SHULER v. CITY OF SYRACUSE


40 A.D.2d 737 (1972)

In the Matter of the Claim of Edward M. Shuler, Respondent, v. City of Syracuse, Appellant. Workmen's Compensation Board, Respondent

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

October 26, 1972


In early November, 1969 the claimant gave the city notice of his intention to retire December 1, 1969 from his job as a night garageman. Retirement was not mandatory but elected by him so that he could continue a private garage business he had operated in his home during the daytime hours since 1943 and be near his invalid wife. On November 19, 1969 he sustained a disabling accident while performing his city job. He retired December 1, 1969. Appellant paid compensation initially...

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