MATTER OF MERKLE v. LEVITT


69 A.D.2d 973 (1979)

In the Matter of Edward D. Merkle, Petitioner, v. Arthur Levitt, as State Comptroller, et al., Respondents

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

April 26, 1979


Petitioner, a State trooper, injured his back while assisting in the removal of an injured accident victim from her vehicle. The Comptroller ruled that petitioner had not sustained an accident within the meaning of section 363 of the Retirement and Social Security Law and petitioner contends that the Comptroller erred in so ruling. The Comptroller has "exclusive authority to determine all applications for any form of retirement" (Retirement and Social Security Law, §...

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