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


88 A.D.2d 1014 (1982)

In the Matter of Walter Brocking, Petitioner, v. New York State Employees' Retirement System, Respondent

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

June 3, 1982


Petitioner was employed as a head custodian for a school district. In 1979, while 59 years old, he filed an application for accidental disability retirement with respondent, alleging that he was incapacitated from performing his duties as a result of an accident which occurred on October 11, 1977 when he fell off a six-foot ladder at work. The Comptroller ultimately denied petitioner's application on the ground that petitioner's permanent disability was not the natural and...

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