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MATTER OF SWEENEY v. HEVESI

50 A.D.3d 1366 (2008)

855 N.Y.S.2d 762

In the Matter of COREY B. SWEENEY, Petitioner, v. ALAN G. HEVESI, as Comptroller of the State of New York, et al., Respondents.

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

Decided April 17, 2008.

Petitioner applied for accidental disability retirement benefits for injuries he sustained on March 1, 1999 and July 11, 2000 while working as an outside maintenance worker for a school district. Although his application was approved by a Hearing Officer, respondent Comptroller overruled that determination and found that the incident in 2000 was not an accident within the meaning of Retirement and Social Security Law § 363. As for the 1999 incident, the Comptroller accepted...

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