MATTER OF NOTARO v. McCALL


209 A.D.2d 813 (1994)

618 N.Y.S.2d 607

In the Matter of Dominick R. Notaro, Petitioner, v. H. Carl McCall, as New York State Comptroller, New York State and Local Employees Retirement System, Respondent

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

November 10, 1994


Respondent found that petitioner's injury occurred while he was engaged in the performance of his normal duties as a correction officer and that his injury did not constitute an accident within the meaning of Retirement and Social Security Law § 63. Because this determination denying petitioner's application for accidental disability retirement benefits is supported by substantial evidence, it must be upheld.

Adjudged that the determination is confirmed, without...

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