MATTER OF GARDNER v. McCALL


261 A.D.2d 756 (1999)

689 N.Y.S.2d 785

In the Matter of JOHN H. GARDNER, Petitioner, v. H. CARL McCALL, as State Comptroller, et al., Respondents.

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

Decided May 13, 1999.


Graffeo, J.

Petitioner was employed as a plumber and steamfitter by the New York State Thruway Authority in October 1987, when he was injured by falling through a trap door while replacing a heater in a toll booth. The accident left petitioner with nerve damage and injuries to his back, hip and right leg. Despite surgery, petitioner's back pain worsened, causing him to apply for accidental disability retirement benefits on May 27, 1994. Petitioner did not resign from...

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