Brocking v. New York State Employees' Retirement System

— 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 was employed as a head custodian for a school district. In 1979, while 59 years old, he filed an application for accidental disability retirement with respondent, alleging that he was incapacitated from performing his duties as a result of an accident which occurred on October 11, 1977 when he fell off a six-foot…