MATTER OF WHITE v. McCALL


202 A.D.2d 917 (1994)

609 N.Y.S.2d 685

In the Matter of George White, Petitioner, v. Carl H. McCall, as New York State Comptroller, et al., Respondents

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

March 24, 1994


Contrary to petitioner's contention, there is substantial evidence in the record to support respondent Comptroller's determination that petitioner's injury was not sustained during the performance of his duties. The testimony reveals that the incident occurred prior to the commencement of petitioner's shift when he fell on some loose stones in the parking lot as he approached the school building. As such, petitioner is not entitled to disability retirement benefits and the...

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