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MATTER OF SWEENEY v. NEW YORK STATE COMPTROLLER

511657.

86 A.D.3d 893 (2011)

927 N.Y.S.2d 483

2011 NY Slip Op 6066

In the Matter of JOHN J. SWEENEY, Petitioner, v. NEW YORK STATE COMPTROLLER et al., Respondents.

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

Decided July 28, 2011.

LAHTINEN, J.

Petitioner, a police officer, injured his ankle when he slipped and fell on an icy patch while responding to a burglar alarm in January 2007. He submitted an application for accidental disability retirement benefits, which was denied. After a hearing, the Hearing Officer denied the application finding that the incident did not constitute an accident. Respondent Comptroller upheld the denial and this CPLR article 78 proceeding ensued.

Petitioner...

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