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MATTER OF BAUST v. LEVITT

80 Misc.2d 944 (1975)

In the Matter of John G. Baust, Petitioner, v. Arthur Levitt, as Comptroller of the State of New York, Respondent.

Supreme Court, Special Term, Albany County.

February 4, 1975

Attorney(s) appearing for the Case

Paul Edwin Kast for petitioner. Louis J. Lefkowitz, Attorney-General (Winifred C. Stanley of counsel), for respondent.

A. FRANKLIN MAHONEY, J.

In this CPLR article 78 proceeding the petitioner seeks an order annulling the respondent Comptroller's determination denying accidental disability retirement to petitioner pursuant to section 63 (subd. a, par.1) of the Retirement and Social Security Law.

On November 10, 1972 petitioner, while an employee of the Department of Transportation and in the discharge of his duties,...

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