IN THE MATTER OF WALTERS v. HEVESI


23 A.D.3d 982 (2005)

804 N.Y.S.2d 483

In the Matter of JOHN K. WALTERS, Petitioner, v. ALAN G. HEVESI, as State Comptroller, et al., Respondents.

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

November 23, 2005.


Petitioner, a police officer, sustained injuries to his right hand while apprehending a suspect and applied for accidental disability retirement benefits. Following a hearing, a Hearing Officer denied petitioner's application on the ground that the incident did not constitute an accident under Retirement and Social Security Law § 363. Respondent Comptroller thereafter adopted the Hearing Officer's findings, prompting this CPLR...

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