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MATTER OF FISCHER v. NEW YORK STATE COMPTROLLER

46 A.D.3d 1006 (2007)

846 N.Y.S.2d 482

In the Matter of GREGORY V. FISCHER, Petitioner, v. NEW YORK STATE COMPTROLLER et al., Respondents.

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

Decided December 6, 2007.

Cardona, P.J.

Petitioner, a police lieutenant employed by the City of Newburgh Police Department in Orange County, allegedly sustained disabling injuries to his back after he fell on uneven pavement while searching for a prowler at night in an unlit backyard overgrown with vegetation. Petitioner's application for accidental disability retirement benefits was denied on the ground that the incident causing his injuries was not an accident within the meaning of Retirement...

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