Collins v. Levitt

OPINION OF THE COURT

George L. Cobb, J.

This CPLR article 78 proceeding was brought to review the determination of a hearing officer dated May 18, 1977 which upheld the respondent Comptroller’s disapproval on July 7, 1976 of petitioner’s application for accidental disability retirement benefits upon the ground that, at the time the said application was filed, petitioner was not a member of the retirement system.

On May 30, 1972, while performing his duties as an employee of the New York State Department of Transportation, petitioner sustained serious and presumably permanently disabling injuries…