Matter of Scarafile v. N.Y. St. L. Retire

Full title: In the Matter of GAIL SCARAFILE, Petitioner, v. NEW YORK STATE AND LOCAL…

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

Date published: Dec 23, 1993

199 A.D.2d 808 (N.Y. App. Div. 1993)

608 N.Y.S.2d 121

Opinion

December 23, 1993

Appeal from the Supreme Court, Albany County.

Decedent, petitioner's husband, was employed as a Sergeant by the State Police. He was killed in a car accident as he returned home from work. We find the determination that decedent's death was not the result of an accident sustained in the performance of his duties to be supported by substantial evidence in the record.

Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.