MATTER OF LIUZZI v. REGAN


200 A.D.2d 849 (1994)

608 N.Y.S.2d 883

In the Matter of Frank Liuzzi, Petitioner, v. Edward V. Regan, as Comptroller of The State of New York, et al., Respondents

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

January 13, 1994


The injury to petitioner's back was the result of physical exertion in the performance of his ordinary employment duties and not the consequence of an unexpected event. As such, the determination that petitioner's injury did not constitute an accident within the meaning of Retirement and Social Security Law § 63 is supported by substantial evidence.

Adjudged that the determination is confirmed, without costs, and petition...

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