Kesch 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 Comptroller which denied petitioner’s application for accidental disability retirement benefits.

Petitioner, the general manager of an Off-Track Betting Corporation facility, was called into a meeting with his superiors in July 2003, at which time he was accused of various forms of misconduct, including bribery and theft. Although he denied any wrongdoing, he was advised that he would either be suspended or reassigned to a different…