MATTER OF DECAROLIS v. McCALL


272 A.D.2d 824 (2000)

708 N.Y.S.2d 192

In the Matter of GICAMINO J. DECAROLIS, 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 May 25, 2000.


Rose, J.

Petitioner, a maintenance worker, filed applications for accidental and ordinary disability retirement benefits alleging that he is permanently incapacitated from the performance of his duties due to back injuries he sustained while performing manual labor at work on four separate occasions over a two-year period. Respondent denied the applications on grounds that the incidents did not constitute "accidents" within the meaning of the Retirement and Social...

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