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MATTER OF SCIBILIA v. REGAN

199 A.D.2d 736 (1993)

605 N.Y.S.2d 444

In the Matter of John C. Scibilia, Respondent, v. Edward V. Regan, as Comptroller of The State of New York and Administrator of The New York State and Local Employees' Retirement System, Appellant

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

December 16, 1993

Mercure, J.

Respondent issued a determination denying petitioner's application for accidental disability retirement benefits on the basis that petitioner's injury was not a result of an accident as contemplated by Retirement and Social Security Law § 63. Petitioner thereafter commenced a CPLR article 78 proceeding challenging respondent's determination. Because the only issue raised in the petition was whether there was substantial evidence to support...

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