Okon v. Regan

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 requests for accidental and performance of duty disability retirement benefits.

*439Petitioner was employed as a police officer with the Westchester County Police Department as a radio operator and patrol officer. On February 5, 1989, petitioner’s assigned tour of duty was to run from 3:30 p.m. to 11:30 p.m. Petitioner testified that under the rules of the police department, he was to appear for work five…