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WEISENSEL v. HEVESI

8 A.D.3d 880 (2004)

778 N.Y.S.2d 787

In the Matter of GARY C. WEISENSEL, Petitioner, v. ALAN G. HEVESI, as State Comptroller, Respondent.

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

June 17, 2004.

Rose, J.

Petitioner, a firefighter, was injured when the cardboard box upon which he had been standing in order to reach a shelf in the storeroom of his fire station collapsed. After successfully applying for ordinary disability retirement benefits, his application for accidental disability retirement benefits was disapproved on the ground that his injury did not result from an accident within the meaning of Retirement and Social Security Law § 363. Following...

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