Kolasz v. Levitt

Appeal from a judgment of the Supreme Court at Special Term, entered May 16, 1977 in Albany County, which resettled a previous judgment of that court entered June 11, 1976, granting petitioner’s application, in a proceeding pursuant to CPLR article 78, to vacate a determination of the Comptroller denying her accidental disability retirement benefits. Petitioner, an employee of the Rome State Developmental Center, suffered a fall while at work in May of 1971 and later became disabled as a result of recurring abdominal hernias. In this proceeding she seeks accidental disability retirement…