Wuestman v. Regan

— 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 accidental disability retirement. On November 28,1977, petitioner, a carpenter employed by the Huntington Union Free School District, while helping a co-worker to lift a waxing machine up some stairs, injured himself and allegedly is physically unable to perform his duties. Respondent disapproved petitioner’s application for accidental disability retirement upon…