Di Paolo v. New York State Employees' Retirement System

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Comptroller which denied petitioner’s application for ordinary disability retirement benefits. Originally employed in 1960 by the City of Rochester as a heavy equipment operator, petitioner sustained back injuries in 1975 and 1977 which necessitated a change in his duties to those of a truck driver foreman. Thereafter, on April 20, 1978, petitioner again injured his back while on the job. Petitioner claimed that he…