MATTER OF HERRMANN v. LEVITT


68 A.D.2d 957 (1979)

In the Matter of Rudolph Herrmann, 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.

March 8, 1979


Petitioner, a member of the New York State Employees' Retirement System (hereinafter System), was employed as a correction officer at the Eastern Correctional Institution when, on February 12, 1975, he injured his back while pulling a switch to open a block of cell doors. His application for disability retirement benefits was disapproved on the basis that the incident did not constitute an accident within the meaning of section 63 of the Retirement and Social Security Law...

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