Quinn v. McCall

—Spain, J.

Appeal from a judgment of the Supreme Court (Cobb, J.), entered December 22, 1994 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for failure to state a cause of action.

On August 14, 1990 petitioner filed an application for a service retirement with the State and Local Employees’ Retirement System and retired from State service effective September 30, 1990. By letter dated December 21, 1992, petitioner sought to convert his ordinary retirement into an accidental disability retirement on the basis of an injury…