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


67 N.Y.2d 978 (1986)

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

Court of Appeals of the State of New York.

Decided May 6, 1986.


Attorney(s) appearing for the Case

Arthur I. Strier and Simon Wynn for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Fred Kolikoff of counsel), for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


MEMORANDUM.

The order should be affirmed, with costs.

We agree with the Appellate Division that there is no basis for upsetting the determination denying petitioner's application for accident disability retirement. The restrictive language of Administrative Code of the City of New York § B3-40.0 permits retirement on accident disability only where the "time, place and conditions" of whatever "result[ed] in such...

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