Kilfoile v. McCall

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 Comptroller which denied petitioner’s application for disability retirement benefits.

Petitioner was employed as a correction officer in October 1976. He sustained a work-related injury to his knee in August 1987 but returned to work after approximately six weeks. In 1989, petitioner resigned his position with the Department of Correctional Services in order to accept an appointment as an investigator for the Department of Law.…