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MATTER OF ECKERSON v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEMS

270 A.D.2d 705 (2000)

704 N.Y.S.2d 713

In the Matter of DENNIS ECKERSON, Petitioner, v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEMS, Respondent.

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

Decided March 16, 2000.

Mugglin, J.

Petitioner, who was employed at Central New York Psychiatric Center in Oneida County, slipped and fell on an icy sidewalk on his employer's premises while returning from a designated smoking area to the building where he worked. After a hearing, the Comptroller denied petitioner's application for accidental disability retirement benefits upon the conclusion that, inasmuch as petitioner was returning from a smoking break, he was not in service when he was...

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