MATTER OF LANDESTOY v. REGAN


207 A.D.2d 572 (1994)

615 N.Y.S.2d 491

In the Matter of Carmen Landestoy, Petitioner, v. Edward V. Regan, as Comptroller of The State of New York, Respondent

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

August 4, 1994


Casey, J.

Petitioner, a mental hygiene therapy aide, injured her back while working with a client at a group home for the mentally retarded. In denying petitioner's application for accidental disability retirement benefits, respondent concluded that petitioner's injury resulted from expected strain in the ordinary course of her duties and, therefore, did not constitute an accident within the meaning of Retirement and Social Security Law § 63.

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