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MATTER OF McCABE v. NEW YORK STATE EMPLOYEES' RET. SYS.

221 A.D.2d 796 (1995)

633 N.Y.S.2d 432

In the Matter of James B. Mccabe, Petitioner, v. New York State Employees' Retirement System, Respondent

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

November 16, 1995

Petitioner was employed as a Correction Officer with the Suffolk County Sheriff's Department. After an accident in March 1986 in which he slipped and fell on a wet floor while at work, petitioner was given a light duty assignment. Petitioner's subsequent application for accidental disability retirement benefits was denied on the basis that he was not permanently incapacitated for the performance of duty as a natural and proximate...

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