Flowers v. Regan

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Comptroller, which denied petitioner’s application for accidental disability retirement. Petitioner, a member of the New York State Employees Retirement System, was employed as a street maintainer by the City of New Rochelle when he allegedly injured his back while lifting or moving a “sweeper can” containing sand. He asserts that the injury was accidental because it involved contact *1042with a piece of machinery being…