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MATTER OF FARRUGGIO v. McCALL

222 A.D.2d 925 (1995)

635 N.Y.S.2d 343

In the Matter of Salvatore Farruggio, Petitioner, v. Carl McCall, as Comptroller of The State of New York, Respondent

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

December 21, 1995

Petitioner, a police lieutenant, injured his shoulder while attempting to open a sliding door to a closet located in his office. His claim for accidental disability retirement benefits was denied on the basis that his injury did not result from an "accident" within the meaning of Retirement and Social Security Law § 363. Petitioner asserts that this determination is not supported by substantial evidence. We disagree.

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