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Matter of Lawrie v. McCall

Appellate Division of the Supreme Court of New York, Third Department
Jun 12, 1997
240 A.D.2d 843 (N.Y. App. Div. 1997)

Opinion

June 12, 1997


Petitioner, a court officer, was injured after falling on wet marble stairs 30 minutes before her shift began. Her application for accidental disability retirement benefits was denied by respondent Comptroller on the ground that she did not sustain an in-service accident. We confirm. Inasmuch as petitioner failed to establish that her injuries were the direct result of an "accident" within the meaning of Retirement and Social Security Law § 63, substantial evidence supports the determination (see, Matter of Hipp v. McCall, 219 A.D.2d 754; Matter of Keller v Regan, 212 A.D.2d 856, 857).

Cardona, P.J., Mercure, Crew III, Casey and Carpinello, JJ., concur.

Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Lawrie v. McCall

Appellate Division of the Supreme Court of New York, Third Department
Jun 12, 1997
240 A.D.2d 843 (N.Y. App. Div. 1997)
Case details for

Matter of Lawrie v. McCall

Case Details

Full title:In the Matter of BARBARA LAWRIE, Petitioner, v. H. CARL McCALL, as…

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

Date published: Jun 12, 1997

Citations

240 A.D.2d 843 (N.Y. App. Div. 1997)
659 N.Y.S.2d 808