Kirby v. McCall

—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.

There is substantial evidence in the record to support the finding of respondent Comptroller that petitioner failed to sustain his burden of proving that he is permanently incapacitated, from performing his duties as a Park Maintenance Supervisor. While there was conflicting testimony from petitioner’s treating physician and the…