MATTER OF SHARKEY v. McCALL


222 A.D.2d 930 (1995)

635 N.Y.S.2d 768

In the Matter of Francis Sharkey, Petitioner, v. H. Carl McCall, as State Comptroller, Respondent

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

December 21, 1995


Petitioner, a Correction Sergeant, injured his head, neck and lower back when a chair in which he was sitting while on duty collapsed. After a hearing, respondent denied petitioner's application for accidental disability retirement benefits finding that he was not permanently incapacitated for the performance of his duties. Contrary to petitioner's assertion, we find that this determination is supported by substantial evidence. Although conflicting medical testimony was presented...

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