Ballou v. Levitt

— 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. Petitioner, employed as a machinist by the New York State Department of Transportation, Canal Division, at Syracuse, New York, sustained an incapacitating injury to his back while lifting one end of an angle iron weighing approximately 250 to 350 pounds, which was lying across an I-beam that he needed to prepare a long shaft to…