Galgano v. New York State & Local Employees' Retirement System

Crew III, J. P.

Proceeding pur*729suant 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 request for accidental disability retirement benefits.

Petitioner, formerly employed as a school nurse, allegedly sustained a disabling back injury on April 22, 1992 when, while attempting to catheterize a student, the student suddenly grabbed petitioner by the arm and pulled her forward. Prior to this incident, petitioner had undergone spinal fusion surgery in 1990 for a…