Gregg v. DiNapoli

Petitioner, an Administrative Law Judge for a state agency, sustained injuries when he attempted to retrieve a case file from a box of files he had stacked in his office. Respondent Comptroller denied petitioner’s subsequent application for accidental disability retirement benefits on the ground that petitioner’s disability was not the result of an accident within the meaning of Retirement and Social Security Law § 63. Petitioner then commenced this CPLR article 78 proceeding seeking to annul that determination.

Petitioner bore the burden of proving that his injury was accidental, and the…