Rossiello v. Regan

Mikoll, J. P.

Proceeding *869pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Comptroller which denied petitioner’s application for accidental disability retirement benefits.

Petitioner, a supervisor or "straw boss” for the Town of Hempstead Parks Department in Nassau County, was injured on the job in August 1990 when the vehicle he was sitting in was struck from behind by a car. Petitioner was hospitalized for five days and, at the time of this proceeding, he was receiving workers’ compensation…