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MATTER OF RESTO v. NEW YORK CITY HOUSING AUTH.

14 A.D.3d 741 (2005)

786 N.Y.S.2d 842

In the Matter of the Claim of LOUIS RESTO, Appellant, v. NEW YORK CITY HOUSING AUTHORITY et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

January 6, 2005.

Carpinello, J.

The factual finding by the Workers' Compensation Board that claimant, formerly employed as a caretaker for the New York City Housing Authority, voluntarily withdrew from the labor market by retiring is supported by substantial evidence (see Matter of Yannucci v Consolidated Freightways, 6 A.D.3d 945, 946 [2004]). Although claimant suffered from a 1988 work-related injury to his ankle for which he received benefits...

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