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MATTER OF SILVER-SMITH v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEM

298 A.D.2d 696 (2002)

748 N.Y.S.2d 291

In the Matter of FRED SILVER-SMITH, Petitioner, v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEM et al., Respondents.

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

Decided October 17, 2002.

Rose, J.

Petitioner, a court officer, applied for accidental disability retirement benefits for an injury that he sustained immediately after physically restraining and removing an unruly prisoner from the courtroom where he was working. Respondent Comptroller denied petitioner's application because the incident involved a risk inherent in petitioner's employment and did not constitute a qualifying accident as that term is

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