Archer v. Ward

OPINION OF THE COURT

David B. Saxe, J.

A police officer suffering from a major depressive psychiatric disorder was retired on ordinary instead of accident disability. He challenges that determination in this CPLR article 78 proceeding.

Petitioner was appointed to the police department on June 26, 1974. From July 1, 1975 until October 26, 1978 he was laid off from his job as a patrolman due to the New York City financial crisis. He then resumed his service. However, in June 1982, while on patrol, petitioner allegedly encountered two men arguing and fighting and he attempted to end the dispute.…