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MATTER OF GRAHAM v. McCALL

266 A.D.2d 789 (1999)

699 N.Y.S.2d 152

In the Matter of ARLENE GRAHAM, as Administrator of the Estate of ROBERT GRAHAM, Deceased, Petitioner, v. H. CARL McCALL, 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.

Decided November 24, 1999.

Crew III, J.

In October 1995, petitioner's spouse (hereinafter decedent), who was employed as a labor foreman by the Town of Hempstead in Nassau County, filed applications for accidental and ordinary disability retirement benefits. Decedent's application for accidental disability retirement was denied in January 1996 based upon a finding that the proof failed to establish that decedent's injury stemmed from an "accident" within the meaning of Retirement and Social...

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