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MATTER OF NEWCOMBE v. REGAN

175 A.D.2d 978 (1991)

In the Matter of Charles B. Newcombe, Petitioner, v. Edward V. Regan, as Comptroller of New York State, Respondent

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

August 29, 1991

The injury to petitioner's arm was the result of physical exertion in the performance of his regular duties and, as such, did not constitute an accident within the meaning of Retirement and Social Security Law § 63 (see, Matter of Lichtenstein v Board of Trustees of Police Pension Fund, 57 N.Y.2d 1010, 1012; Matter of Edwards v New York State & Local Employees' Retirement Sys., 165 A.D.2d 972...

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