Cantone v. DiNapoli

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 which denied petitioner’s application for accidental disability retirement benefits.

Petitioner injured his left knee in March 1997 while working as a water treatment plant operator. Seven months later, he *1260returned to light duty work and filed an application for accidental disability retirement benefits. Although respondent initially determined that no accident occurred, we annulled and remitted the matter for further proceedings…