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MATTER OF MARSALA v. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEMS

14 A.D.3d 984 (2005)

788 N.Y.S.2d 517

In the Matter of MICHAEL J. MARSALA, Petitioner, v. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEMS et al., Respondents.

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

January 27, 2005

Petitioner, a police officer, filed an application for accidental disability retirement benefits based upon a knee injury which occurred when he was attempting a running dismount from a bicycle during a basic bicycle patrol training course. Petitioner's initial application for accidental disability retirement benefits was 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...

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