MATTER OF ALUND v. McCALL


281 A.D.2d 784 (2001)

722 N.Y.S.2d 120

In the Matter of THOMAS R. ALUND, Petitioner, v. H. CARL McCALL, as New York State Comptroller, et al., Respondents.

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

Decided March 15, 2001.


Spain, J.

Petitioner, a custodian employed by the Town of Colonie in Albany County, was injured while operating an electric floor buffing machine. In his application for disability retirement benefits under Retirement and Social Security Law article 15, petitioner indicated that he sustained injuries to his neck and left shoulder, arm and hand. Following a hearing, respondent Comptroller denied petitioner's application on the ground that he was not permanently incapacitated...

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