MATTER OF RYKALA v. NEW YORK STATE COMPTROLLER

513195.

92 A.D.3d 1077 (2012)

937 N.Y.S.2d 754

2012 NY Slip Op 894

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

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

Decided February 9, 2012.


Petitioner, a court officer, sustained injuries when he fell after his foot became entangled in a file cart while he was attempting to remove an unruly prisoner from the courtroom. Petitioner subsequently applied for accidental disability retirement benefits. Following a hearing, a Hearing Officer denied the application, finding that the incident did not constitute an accident within the meaning of Retirement and Social Security Law § 605-a. Respondent Comptroller adopted...

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