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MATTER OF VECCHI v. NEW YORK STATE AND LOCAL EMPLOYEES RETIREMENT SYSTEM

263 A.D.2d 669 (1999)

692 N.Y.S.2d 830

In the Matter of JOANNE VECCHI, Petitioner, v. NEW YORK STATE AND LOCAL EMPLOYEES RETIREMENT SYSTEM et al., Respondents.

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

Decided July 8, 1999.

Petitioner, a school bus driver/cleaner, applied for accidental disability retirement benefits alleging that she sustained a back injury after she slipped and fell on wet blacktop in the school driveway while walking to her bus. Respondent Comptroller denied her application finding that the incident did not constitute an accident within the meaning of the Retirement and Social Security Law.

We confirm. Petitioner testified that when she slipped on wet pavement, which...

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