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

286 A.D.2d 852 (2001)

730 N.Y.S.2d 380

In the Matter of HENRY MICHALCZYK, 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 September 27, 2001.

Mugglin, J.

Petitioner was employed in the job title of Security Hospital Supervising Treatment Assistant at a State psychiatric center when he sustained injuries as the result of two falls. His subsequent application for accidental disability retirement benefits was denied by the Comptroller giving rise to this CPLR article 78 review proceeding.

According to petitioner's hearing testimony, his first fall occurred...

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