Pezzulo v. Regan

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 performance of duty disability retirement benefits.

Petitioner was hired by the City of Rochester in Monroe County as a firefighter in 1961. During the ensuing 26 years of employment, petitioner served as a line firefighter, a dispatcher, a clerk in the fire safety department and, finally, a photographer in the video department. During his period of employment as a firefighter,…