Gardner v. McCall

—Graffeo, J.

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.

Petitioner was employed as a plumber and steamfitter by the New York State Thruway Authority in October 1987, when he was injured by falling through a trap door while replacing a heater in a toll booth. The accident left petitioner with nerve damage and injuries to his back, hip and right leg. Despite surgery, petitioner’s…