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MATTER OF SINCLAIR v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEM

42 A.D.3d 595 (2007)

838 N.Y.S.2d 270

In the Matter of SUZANNE SINCLAIR, Petitioner, v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEM, Respondent.

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

Decided July 5, 2007.

Carpinello, J.

Petitioner applied for accidental disability retirement benefits claiming that, while working as a cleaner for the Western New York Developmental Disabilities Services Office, she sustained an injury on January 18, 2001 as she "lifted a 5-gallon bucket of water with [her] right hand." After her application was denied on the ground that the incident did not constitute an accident within the meaning of Retirement...

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