MATTER OF GIEBNER v. McCALL


270 A.D.2d 705 (2000)

704 N.Y.S.2d 720

In the Matter of RONALD H. GIEBNER, 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 March 16, 2000.


Carpinello, J.

Petitioner, a motor equipment operator, filed applications for ordinary and accidental disability retirement benefits alleging that he sustained injuries to his neck, shoulder, back, wrists, knees and feet when he was struck by a 20-foot-long section of galvanized pipe while working on a job site. Following a hearing at which the parties elected to rely solely upon medical records, respondent denied the applications finding, inter alia, that...

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