Conn v. Levitt

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Comptroller of the State of New York which denied petitioner’s application for accidental disability retirement benefits under section 363 of the Retirement and Social Security Law. Petitioner had been employed by the City of Yonkers as a fireman for approximately 20 years. In response to a general alarm fire on the evening of January 14, 1973, he was directed to the roof of an involved eight-story building. After several…