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IN THE MATTER OF HOUTEN v. HEVESI

20 A.D.3d 643 (2005)

797 N.Y.S.2d 658

In the Matter of JOSEPH VAN HOUTEN, 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.

July 7, 2005.

Petitioner worked as a motor equipment operator for approximately 27 years. On December 13, 2000, petitioner was injured when the road under the dump truck he was operating collapsed. His application for accidental disability retirement benefits was denied following a hearing on the basis that he was not permanently incapacitated from performing his duties (see Retirement and Social Security Law § 63). This CPLR article...

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