Harvey 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 which denied petitioner’s applications for ordinary disability retirement benefits and accidental disability retirement benefits.

On October 28, 1992, petitioner applied for ordinary and accidental disability retirement benefits based upon injuries he allegedly sustained to his neck and back while employed by the State. When his applications were disapproved, petitioner requested a hearing. Following the hearing, respondent denied…