Paront v. New York State Employees' Retirement System

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 the Comptroller which denied petitioner’s application for accidental disability retirement benefits.

Petitioner, an employee of the Division of Military and Naval Affairs, apparently sustained a herniated disc when he fell off a ladder while engaged in the performance of his duties. Thereafter, petitioner applied for accidental disability retirement benefits claiming that the fall precipitated the latent effects of an underlying lead poisoning…