MATTER OF STEVENS v. REGAN


78 A.D.2d 723 (1980)

In the Matter of Sam Stevens, Petitioner, v. Edward V. 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.

October 16, 1980


Petitioner was a corrections officer who received a beating at the hands of inmates at the Arthur Kill Correctional Facility on April 1, 1976. While conceding that petitioner sustained an accident and that he is now incapacitated for the performance of his duties, the Comptroller disapproved petitioner's application for accidental disability retirement on the basis that the disability was not the natural and proximate result of the accident. Thus, the only issue presented...

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