MATTER OF MEEKS v. McCALL


241 A.D.2d 748 (1997)

663 N.Y.S.2d 1017

In the Matter of Lee N. Meeks, Petitioner, v. H. Carl McCall, as Comptroller of The State of New York and Administrator of The New York State & Local Employees' Retirement System, Respondent

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

July 17, 1997


Petitioner, an equipment operator responsible for maintaining a beach area, injured his back while lifting and emptying cans containing barbecue ashes. Petitioner commenced this CPLR article 78 proceeding after his application for accidental disability retirement benefits was denied on the ground that he did not suffer an "accident" within the meaning of Retirement and Social Security Law § 63. Although petitioner's ordinary duties did not specifically include emptying...

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