Hyde v. Levitt

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Comptroller. It is undisputed that the petitioner in the ordinary course of his employment was engaged in lifting a bottle of water when it slipped from his grasp at about chest height. He grabbed the bottle as it fell and sustained sharp pain across his back. The respondent has found that the event described does not constitute an accident within the meaning of section 63 of the Retirement and Social Security Law…