Huether v. Regan

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a determination of respondent denying Leonard Palozzi’s request for accidental disability retirement benefits.

Leonard Palozzi admitted that he never filed a notice of the incident of January 20, 1967 which resulted in the injury to his back, as required by Retirement and Social Security Law § 363 (c) (a). There was also no proof that he could not have filed a timely notice of the incident which would warrant respondent excusing such failure under the provisions…