Wilson v. Levitt

Appeal from a judgment of the Supreme Court at Special Term, entered October 17, 1978 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination by respondent which disapproved petitioner’s application for ordinary disability retirement benefits. Petitioner was employed as an equipment operator by the Town of Kendall Highway Department from 1953 until August 11, 1974. While at home in December of 1971, petitioner fell and sustained a fractured hip. This injury and its debilitating residual effects ultimately caused the…