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IN THE MATTER OF FRAGALE

55 A.D.3d 607 (2008)

865 N.Y.S.2d 304

In the Matter of PIETRO A. FRAGALE, Appellant, v. DIANE D'ALESSANDRO et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 7, 2008.

Ordered that the judgment is affirmed, with costs.

The petitioner, a Sanitation Supervisor with the New York City Department of Sanitation (hereinafter the Sanitation Department), injured his ankle when he slipped and fell at a Sanitation Department depot. He applied for an accidental disability retirement pension, but the New York City Employees' Retirement System (hereinafter NYCERS) denied his application on the ground that his injury was not the result of an ...

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