Panek v. Regan

— 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 which denied petitioner’s application for accidental disability retirement. Petitioner, a State trooper, injured his back on two separate occasions, once while changing a tire on a troop car and once while assisting in removing an accident victim from an automobile. He contended that the sharp pain he experienced during each incident was produced by a slip and fall. However, on cross-examination, he…