MATTER OF GALLELLO v. McCALL


247 A.D.2d 693 (1998)

668 N.Y.S.2d 728

In the Matter of Vito Gallello, Petitioner, v. H. Carl McCall, as State Comptroller, Respondent

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

February 5, 1998


Petitioner, a sanitation worker for the Village of Scarsdale in Westchester County, injured his back when he inexplicably slipped and fell while dumping a barrel of garbage. Respondent denied his application for accidental disability retirement benefits, prompting the commencement of this proceeding. Because petitioner was unable to establish that his slip and fall was caused by anything other than an ordinary misstep, respondent's conclusion that there had been no "accident...

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