49 A.D.2d 819 | N.Y. App. Div. | 1975
Judgment, Supreme Court, New York County, entered September 6, 1974, dismissing the petition, unanimously affirmed, without costs or disbursements. Petitioner was employed by the Department of Sanitation in 1968 and, on April 29, 1969, while on duty, allegedly slipped on debris, fell against a spike fence and sustained injuries. Petitioner was on medical leave for almost the entire four-year period from the date of the incident until his retirement. In January, 1971 he applied for accident disability retirement which was