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MATTER OF CLARKE v. MURRAY

511889.

85 A.D.3d 1536 (2011)

926 N.Y.S.2d 717

2011 NY Slip Op 5620

In the Matter of JAMES K. CLARKE, Petitioner, v. KEVIN F. MURRAY, as Deputy State Comptroller, Respondent.

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

Decided June 30, 2011.

McCARTHY, J.

Petitioner applied for accidental disability retirement benefits alleging that he sustained disabling injuries as the result of an accident that occurred while he was performing his duties as a police detective. The application was initially denied. Following a hearing, the Hearing Officer determined that the incident did not constitute an accident and denied petitioner's application. The Comptroller affirmed, prompting this proceeding pursuant to CPLR...

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