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MATTER OF DeFILIPPO v. McCALL

209 A.D.2d 768 (1994)

617 N.Y.S.2d 987

In the Matter of Debra A. DeFilippo, Petitioner, v. H. Carl McCall, as State Comptroller of The State of New York, et al., Respondents

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

November 3, 1994

Casey, J.

Petitioner's application for accidental disability retirement benefits alleged that she was disabled as the result of injuries she sustained in the course of her employment as a food service worker in December 1983 and August 1988. Respondent Comptroller denied petitioner's application based upon two conclusions: (1) that the August 1988 incident did not constitute an accident within the meaning of Retirement and Social Security Law § 63...

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