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MATTER OF O'KEEFE v. McCALL

287 A.D.2d 921 (2001)

731 N.Y.S.2d 793

In the Matter of BRIAN O'KEEFE, Petitioner, v. H. CARL McCALL, as Comptroller of the State of New York and Administrator of the New York State and Local Police and Fire Retirement System, Respondent.

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

Decided October 25, 2001.

Lahtinen, J.

Petitioner, a desk officer for the Nassau County Police Department, filed an application for accidental disability retirement benefits alleging that he was injured in the course of his duties as a result of an accident occurring on June 6, 1992. The application was denied by respondent on the basis that the incident which caused injury to petitioner did not constitute an "accident" under the Retirement and Social Security Law. This CPLR article 78 proceeding...

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