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MATTER OF MAGRINO v. DiNAPOLI

64 A.D.3d 868 (2009)

In the Matter of RICHARD M. MAGRINO, SR., Petitioner, v. THOMAS P. DiNAPOLI, as State Comptroller, Respondent.

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

Decided July 2, 2009.

Spain, J.

In 2003, petitioner was injured when he tripped over an air hose and fell. Petitioner's application for accidental disability retirement benefits was denied, and he requested a hearing and redetermination. Following that hearing, the Hearing Officer denied petitioner's application, finding that the incident did not constitute an accident within the meaning of Retirement and Social Security Law § 63. Respondent adopted the Hearing Officer's findings...

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