MATTER OF RIZZO v. McCALL


301 A.D.2d 858 (2003)

753 N.Y.S.2d 576

In the Matter of JOSEPH L. RIZZO, Petitioner, v. H. CARL McCALL, as State Comptroller, Respondent.

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

Decided January 16, 2003.


Spain, J.

Petitioner, a police officer for the City of Mount Vernon in Westchester County, injured his back on March 1, 1999 while moving a five-gallon pail filled with empty shell casings. Following a hearing, the Hearing Officer denied petitioner's application for accidental disability retirement benefits, finding that the incident which caused petitioner's injuries did not constitute an accident as defined under the Retirement and Social Security Law. In adopting...

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