Ingram 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 which denied petitioner’s request for accidental disability retirement benefits.

Substantial evidence supports the conclusion that petitioner, a firefighter, failed to establish that his ankle injury, which occurred after he accidentally stepped into a deep rut, was a total and permanent disability within the meaning of the Retirement and Social Security Law. The doctors who examined petitioner differed in their testimony regarding…