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MATTER OF KEHOE v. CITY OF NEW YORK

81 N.Y.2d 815 (1993)

In the Matter of Kevin Kehoe, Appellant, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided February 18, 1993.

Attorney(s) appearing for the Case

Scheine, Fusco, Brandenstein & Rada, P. C., Commack (Milan Rada and John A. DeMaro of counsel), for appellant.

O. Peter Sherwood, Corporation Counsel of New York City (Anthony M. Dillof of counsel), for respondents.

Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Petitioner's application for accidental disability retirement was properly denied. Accidental disability retirement is available under the New York City Administrative Code when a City employee is injured as a result of "`sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious...

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