Panigrosso v. McCall

Crew III, J.P.

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 which denied petitioner’s applications for disability retirement benefits.

On November 6, 1996, while working as a mechanic’s helper *798for the Putnam County Highway Department, petitioner was attempting to remove a tire from its rim with a sledgehammer when another tire, which had been leaning against a wall, began to fall toward him. As petitioner reached out to catch the falling tire, he allegedly injured his back.…