MATTER OF DEXTER v. McCALL


249 A.D.2d 675 (1998)

671 N.Y.S.2d 174

In the Matter of Donna Dexter, Petitioner, v. H. Carl McCall, as New York State Comptroller, Respondent

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

April 9, 1998


Petitioner was employed as a food service worker at Harlem Valley Psychiatric Center in Dutchess County, when she allegedly sustained injuries after she tripped on the lid of a movable dish cart and fell on her right shoulder and arm. Following a hearing, petitioner's application for accidental disability retirement benefits was denied upon a finding that the incident was not an "accident" within the meaning of Retirement and Social Security Law § 63. Upon our review...

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