MATTER OF MAYO v. McCALL


253 A.D.2d 977 (1998)

678 N.Y.S.2d 154

In the Matter of Henry Mayo, 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 17, 1998


Petitioner applied for accidental disability retirement benefits alleging that he was permanently disabled from the performance of his duties as a mental hygiene therapy aide as a result of two incidents occurring in July 1989 and September 1990. Respondent Comptroller denied petitioner's application on the grounds that the July 1989 incident did not constitute an "accident" within the meaning of Retirement and Social Security Law § 63 and that petitioner failed to establish...

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