MATTER OF FABIANO v. REGAN


88 A.D.2d 687 (1982)

In the Matter of Anthony Fabiano, Petitioner, v. Edward V. Regan, as Comptroller of The State of New York, Respondent

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

May 6, 1982


Petitioner, a town patrolman, was injured March 24, 1978 while attempting to restrain an uncooperative suspect during an arrest. Respondent denied an application for accidental disability retirement upon the ground petitioner had not sustained an injury as a result of an accident within the meaning of section 63 of the Retirement and Social Security Law. In his original written report on the day of the incident, petitioner made no mention of a slip or fall causing his injury...

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