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MATTER OF BALLOU v. LEVITT

70 A.D.2d 1000 (1979)

In the Matter of Frederick Ballou, 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.

June 14, 1979

Petitioner, employed as a machinist by the New York State Department of Transportation, Canal Division, at Syracuse, New York, sustained an incapacitating injury to his back while lifting one end of an angle iron weighing approximately 250 to 350 pounds, which was lying across an I-beam that he needed to prepare a long shaft to be used for a canal lock. Petitioner applied for accidental disability retirement, which was denied by the Comptroller on December 22, 1977. At petitioner...

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