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MATTER OF KORDES v. McCALL

293 A.D.2d 960 (2002)

740 N.Y.S.2d 657

In the Matter of FRANK A. KORDES, Petitioner, v. H. CARL McCALL, as State Comptroller, Respondent.

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

Decided April 25, 2002.

Rose, J.

Petitioner, a town highway department employee, filed an application for accidental disability retirement benefits based upon injuries alleged to have been sustained in two separate incidents. After a hearing, respondent concluded that neither incident was an accident within the meaning of the Retirement and Social Security Law and denied the application. Our review of the record discloses that, contrary to petitioner...

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