Marsala v. Regan

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 requests for accidental disability retirement benefits and retirement for disability incurred in performance of duty benefits.

Petitioner, a Deputy Fire Chief in the Hartsdale Fire District in Westchester County, was denied disability retirement benefits on the ground, inter alia, that he was not permanently incapacitated from the performance of his duties. There is evidence in the record clearly…