MATTER OF MRUCZEK v. McCALL


299 A.D.2d 638 (2002)

750 N.Y.S.2d 159

In the Matter of PATRICK M. MRUCZEK, 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 November 7, 2002.


Kane, J.

Petitioner, a correction officer at Attica Correctional Facility in Wyoming County, applied for accidental and performance of duty disability retirement benefits for an injury he sustained when he fell over a feed-up cart as he went to remove his lunch from a microwave oven. After a hearing, petitioner's applications were denied because the occurrence was found not to be either an accident or a result of the acts of an inmate (see Retirement and Social...

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