Roach 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 accidental disability retirement benefits.

Petitioner, a tow-truck operator employed by the Suffolk County Police Department, filed an application for accidental disability retirement benefits contending that he had sustained two injuries to his back. Specifically, petitioner alleged that he injured his back on September 12, 1992 when the impound yard gate that he was attempting…