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MATTER OF ARCURI v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEMS

291 A.D.2d 621 (2002)

738 N.Y.S.2d 106

In the Matter of ANTHONY B. ARCURI, Appellant, v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEMS, Respondent.

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

Decided February 7, 2002.

Rose, J.

Petitioner, a correction officer, applied for accidental and performance of duty disability retirement benefits for an injury he sustained while supervising prison inmates. After respondent found the occurrence to be neither an "accident" nor a result of the acts of an inmate (see, Retirement and Social Security Law §§ 507-a, 507-b), petitioner requested a hearing and redetermination. The Hearing Officer confirmed petitioner's ineligibility...

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