Houten v. Hevesi

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 Comptroller which denied petitioner’s application for accidental disability retirement benefits.

*644Petitioner worked as a motor equipment operator for approximately 27 years. On December 13, 2000, petitioner was injured when the road under the dump truck he was operating collapsed. His application for accidental disability retirement benefits was denied following a hearing on the basis that he was not permanently incapacitated from…