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MATTER OF CADIZ v. McCALL

236 A.D.2d 766 (1997)

654 N.Y.S.2d 48

In the Matter of Raymond Cadiz, 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.

February 27, 1997

Petitioner, a warrant and transfer officer with the State Division of Parole, applied for accidental disability retirement benefits after allegedly sustaining a back injury while lifting his carry-on luggage into the overhead compartment on an airplane while en route to return a prisoner to New York. After petitioner's application for accidental disability retirement benefits was denied on the ground that he did not suffer an "accident" within the meaning of Retirement and...

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