Henshaw v. McCall

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 disability retirement benefits.

Petitioner applied for disability retirement benefits due to back injuries he sustained while performing his duties as a State Trooper. Petitioner’s application was denied upon a finding that he was not permanently disabled. Substantial evidence supports the determination. William Rogers, an orthopedic surgeon who testified on behalf of respondent…