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MATTER OF BUTLER v. McCALL

247 A.D.2d 709 (1998)

668 N.Y.S.2d 762

In the Matter of Wayne Butler, 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.

February 5, 1998

Petitioner was employed by the Orange County Department of Public Works as a mechanical equipment operator when he injured his back and neck while operating a jackhammer that became stuck in concrete he was attempting to cut up. Petitioner's subsequent application for accidental disability retirement benefits was denied on the ground that he had not suffered an "accident" within the meaning of Retirement and Social Security Law...

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