MATTER OF BAUST v. LEVITT


50 A.D.2d 627 (1975)

In the Matter of John G. Baust, Appellant, 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.

November 6, 1975


Petitioner, an employee of the Department of Transportation, sustained an injury in the course of his employment on November 10, 1972, at which time he was 59 years of age. Petitioner turned 60 years of age in January of 1973 and his injury did not progress to the point of incapacitating him from employment until later in 1973. Petitioner thereafter applied for accidental disability retirement pursuant to subdivision a of section...

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