Weisensel v. Hevesi

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 application for accidental disability retirement benefits.

Petitioner, a firefighter, was injured when the cardboard box upon which he had been standing in order to reach a shelf in the storeroom of his fire station collapsed. After successfully applying for ordinary disability retirement benefits, his application for accidental disability retirement benefits was disapproved on the ground that his injury did…