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MATTER OF MEISLAHN v. McCALL

264 A.D.2d 957 (1999)

695 N.Y.S.2d 754

In the Matter of WILLIAM F. MEISLAHN, Petitioner, v. H. CARL McCALL, as Comptroller of the State of New York, Respondent.

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

Decided September 30, 1999.

Graffeo, J.

Petitioner, a police officer for the Town of Clarkstown in Rockland County, was injured during the course of his employment when he fell on a stairway. He subsequently applied for accidental disability retirement benefits and, following a hearing, respondent denied the application upon the ground that petitioner had not sustained an accident within the meaning of the Retirement and Social Security Law. Petitioner thereafter commenced this CPLR article...

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