MATTER OF SICA v. NEW YORK STATE EMPLOYEES' RET. SYS.


75 A.D.2d 927 (1980)

In the Matter of Robert Sica, Petitioner, v. New York State Employees' Retirement System et al., Respondents

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

May 8, 1980


Petitioner, an employee of the Onondaga County Sheriff's Department, was on duty on December 24, 1975, when he came upon a disabled vehicle on Interstate 81. While in the process of setting out flares, petitioner observed a vehicle, apparently out of control, coming toward him. In an effort to avoid being struck, petitioner attempted to jump over a snowbank along the side of the highway, but slipped, with the result that his lower back came in contact with a guardrail hidden...

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