MATTER OF LATTANZI v. McCALL


210 A.D.2d 729 (1994)

621 N.Y.S.2d 925

In the Matter of Gary Lattanzi, Petitioner, v. H. Carl McCall, 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.

December 15, 1994


Upon review of the record, we conclude that there is substantial evidence to support the determination denying petitioner's applications for accidental and ordinary disability retirement benefits on the basis that petitioner, a parole officer, was not in service at the time of his injuries. The evidence indicates that petitioner was initially injured in an automobile accident en route to work and there is no indication he was performing any work function at that time. Under...

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