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MATTER OF MARIUZ v. McCALL

282 A.D.2d 918 (2001)

723 N.Y.S.2d 273

In the Matter of CARL MARIUZ, 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 April 19, 2001.

Spain, J.

Petitioner, who was employed as an alcohol counselor assistant by the Office of Alcoholism and Substance Abuse, filed an application for accidental disability retirement benefits based upon injuries he allegedly sustained in a fall on stairs outside the building where he worked. After a hearing, respondent denied the application on the ground that petitioner had not sustained an accident within the meaning of...

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