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MATTER OF SLAGLE v. McCALL

293 A.D.2d 923 (2002)

741 N.Y.S.2d 308

In the Matter of JOHN K. SLAGLE, Petitioner, v. H. CARL McCALL, as Comptroller of the State of New York, et al., Respondents.

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

Decided April 25, 2002.

Rose, J.

Petitioner, a firefighter, was injured while responding to a fire when he tripped on a fallen chain link fence in the back yard of a house. After a hearing on petitioner's application for accidental disability retirement benefits, respondent Comptroller concluded that petitioner's injury was the result of a misstep as he attempted to step over the fallen fence and that, therefore, he did not sustain an accident...

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