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

91 A.D.2d 1139 (1983)

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

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

January 20, 1983

On December 18, 1974, petitioner, a court clerk employed by the County of Nassau,1 fell and injured his lower back while carrying a crate of law books to the chambers of the Supreme Court Justice to whom he was assigned. The Comptroller's initial determination denied petitioner's application for accidental disability retirement benefits on the grounds that the incident did not constitute an accident and that claimant did not file notice

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