MATTER OF ALESSIO v. NEW YORK CITY EMPLOYEES' RET. SYS.


114 A.D.2d 774 (1985)

In the Matter of Joseph V. Alessio, Respondent, v. New York City Employees' Retirement System, Appellant

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

November 14, 1985


On January 17, 1982, petitioner, a New York City Housing Authority police officer, suffered a fractured right arm, eventually resulting in his disability to discharge his duties as a police officer, when he slipped and fell on an icy surface in front of his precinct station house. The fall occurred a few minutes before petitioner's scheduled tour of duty and as he was reporting to work.

On August 9, 1982 petitioner applied for accident disability retirement. Following...

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