Miller v. Regan

Appeal from a judgment of the Supreme Court at Special Term, entered November 29, 1979 in Albany County, which, in a proceeding pursuant to CPLR article 78, denied a motion to dismiss the petition, directed that respondent Comptroller conduct a medical evaluation of petitioner and/or hold a new hearing pursuant to section 74 of the Retirement and Social Security Law, ordered that in the event it .was determined that petitioner was not permanently incapacitated from the performance of his duties he be returned to his former duties by respondent Department of Correctional Services, and ordered…