MATTER OF JONIGAN v. McCALL


291 A.D.2d 766 (2002)

738 N.Y.S.2d 717

In the Matter of ROBERT JONIGAN, Petitioner, v. H. CARL McCALL, as New York State Comptroller, Respondent.

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

Decided February 28, 2002.


Mugglin, J.

Petitioner's sole argument is that the Comptroller's denial of his application for accidental disability retirement benefits was affected by an error of law. Specifically, petitioner asserts that his slip and fall in a prison corridor was an accident as a matter of law.

For purposes of accidental retirement disability, an accident is a "`sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact'" (Matter of Lichtenstein...

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