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IN THE MATTER OF BROWN v. HEVESI

19 A.D.3d 858 (2005)

796 N.Y.S.2d 733

In the Matter of MICHAEL J. BROWN, Petitioner, v. ALAN G. HEVESI, as State Comptroller, Respondent.

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

June 16, 2005.

Kane, J.

Petitioner, a police sergeant, was injured after the collapse of a ladder he was using to install a heavy bag in the police department's new garage. His subsequent application for accidental disability retirement benefits was initially denied. After a hearing, a Hearing Officer denied the application on the ground that the incident did not constitute an accident within the meaning of Retirement and Social Security Law § 363. Respondent adopted the Hearing...

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