MATTER OF WUESTMAN v. REGAN


88 A.D.2d 734 (1982)

In the Matter of Robert Wuestman, 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 27, 1982


On November 28, 1977, petitioner, a carpenter employed by the Huntington Union Free School District, while helping a co-worker to lift a waxing machine up some stairs, injured himself and allegedly is physically unable to perform his duties. Respondent disapproved petitioner's application for accidental disability retirement upon the ground that the incident in question did not constitute an accident within the meaning of section 63 of the Retirement and Social Security Law...

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