MATTER OF CASTRICONE v. REGAN


75 A.D.2d 929 (1980)

In the Matter of David Castricone, Petitioner, v. Edward Regan, as Comptroller of The State of New York, et al., Respondents

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

May 8, 1980


Petitioner was employed as a fireman and on March 2, 1975 in response to an alarm he injured himself in attempting to slide down the brass pole. After a hearing his application for disability retirement benefits was disapproved on the basis that there had been no "accident" within the meaning of section 363 of the Retirement and Social Security Law since it was the result of ordinary physical effort required in the performance of petitioner's routine duties. Petitioner testified...

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