Schack v. Levitt

Proceeding pursuant to CPLR 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Comptroller, which denied petitioner’s application for accidental disability retire*882ment. Petitioner was a member of the New York State Employees’ Retirement System employed as a laborer by the Vocational Education and Extension Board of Nassau County and assigned to the Fireman’s Training Center. On August 17, 1972, he was struck in the back by a falling structure while at work. He experienced pain in the back and was out of work…