Zolzer v. New York State Comptroller

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.

There is substantial evidence to support respondent’s determination that petitioner failed to sustain his burden of proving that he was permanently incapacitated from performing his duties as a police officer (see, Matter of Valerioti v New York State Comptroller, State & Local Employees’ Retirement Sys., Policemen’s & Firemen’s Retirement Sys., 186…