MATTER OF TUCKER v. McCALL


262 A.D.2d 916 (1999)

693 N.Y.S.2d 654

In the Matter of CHARLES TUCKER, Petitioner, v. H. CARL McCALL, as State Comptroller, New York State Retirement System, Respondent.

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

Decided June 24, 1999.


Mikoll, J.

Petitioner contends that, as a result of accidental injuries to his neck while working as a firefighter in January 1978 and March 1988 and a heart attack sustained in September 1989 while at a ball game, he is permanently incapacitated from the performance of his duties as Fire Captain. After a hearing, respondent concluded that the January 1978 and March 1988 incidents were not accidents within the meaning of Retirement and Social Security Law § 363...

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