Spahn v. Regan

Appeal from a judgment of the Supreme Court (Williams, J.), entered September 5, 1989 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s application for accidental disability retirement benefits.

It is undisputed that petitioner sustained an injury in the course of his employment as a police officer on July 17, 1970, that written notice of the injury was first provided to his employer on September 10, 1970, that a notice of accident was filed with the Workers’ Compensation Board…