Cipriani v. New York State & Local Police & Fire Retirement System

—Crew III, 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 applications for ordinary and accidental disability retirement benefits.

On August 31, 1993 petitioner, a fire lieutenant, allegedly stumbled on a large piece of slag stone while dragging a three-inch line through a field in an attempt to extinguish a fire. As a result of this incident, petitioner purportedly sustained an injury to his left Achilles tendon. Petitioner’s subsequent…