Hughes v. New York State Police & Firemen's Retirement Systems

—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 ordinary disability retirement benefits.

Substantial evidence supports the determination which disapproved the application of petitioner, a former police officer, for ordinary retirement disability benefits because he was not permanently incapacitated from performing his duties. Although the record contains a 1980 medical report which concluded that petitioner suffered from a…