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IN THE MATTER OF O'SHEI v. HEVESI

26 A.D.3d 585 (2006)

807 N.Y.S.2d 714

In the Matter of GARY P. O'SHEI, Petitioner, v. ALAN G. HEVESI, as Comptroller of the State of New York, Respondent.

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

February 2, 2006.

CARPINELLO, J.

Petitioner, a patrol lieutenant for the City of Buffalo Police Department, was injured when he sat on a bench in the police locker room and it tipped over. As a result, petitioner applied for, and was denied, accidental disability retirement benefits. Petitioner subsequently requested a hearing at which the hearing officer found that the incident did not constitute an accident under Retirement and Social Security Law § 363. Respondent agreed with...

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