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MATTER OF McLAUGHLIN v. McCALL

253 A.D.2d 940 (1998)

677 N.Y.S.2d 406

In the Matter of Terence McLaughlin, Petitioner, v. H. Carl McCall, as Comptroller of The State of New York, et al., Respondents

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

September 10, 1998

Petitioner, a police officer, allegedly injured his knee when he slipped on loose gravel and stones while responding to a call of underage drinking at the railroad tracks. Petitioner's application for accidental disability retirement benefits was denied on the ground that the injury resulted from petitioner's own misstep and did not constitute an "accident" within the meaning of the Retirement and Social Security Law. The record...

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