MATTER OF DELEO v. McCALL


251 A.D.2d 739 (1998)

673 N.Y.S.2d 790

In the Matter of the Claim of Richard Deleo, Petitioner, v. H. Carl McCall, as the Administrative Head of The New York State and Local Employees Retirement System and 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.

June 4, 1998


Substantial evidence supports the determination of respondent Comptroller which denied petitioner's application for accidental disability retirement benefits. Petitioner, a labor foreman for the Town of Hempstead, Nassau County, injured his left knee and back when in the course of exiting a truck he stepped on its running board which allegedly dropped four to five inches, causing him to fall. Petitioner testified that the running board had returned to its normal position...

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