IN THE MATTER OF ZIDAN v. HEVESI


24 A.D.3d 1160 (2005)

806 N.Y.S.2d 311

In the Matter of ADEL A. ZIDAN, 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.

December 29, 2005.


Petitioner, a correction officer, injured his right arm and shoulder when he fell from a ladder while searching a drop ceiling in a prison television room. He was unable to return to work and thereafter filed a claim for accidental disability retirement benefits. His application was initially denied and, following a hearing, the denial was upheld by a Hearing Officer who concluded that the incident in question did not constitute an accident within the meaning of Retirement...

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