MATTER OF SMITH v. McCALL


228 A.D.2d 857 (1996)

644 N.Y.S.2d 102

In the Matter of Michelle L. Smith, Petitioner, v. H. Carl McCall, as State Comptroller, Respondent

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

June 13, 1996


Petitioner worked as a communications specialist for the State Police. While descending a stairway at her place of employment to obtain a soda from the basement, petitioner caught her heel on a step and grabbed the handrail to prevent herself from falling. She suffered an injury to her lower back and applied for accidental disability retirement benefits. Respondent denied her application, finding that the incident which caused petitioner's injury did not constitute an accident...

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