Castricone v. Regan

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 State Comptroller which denied petitioner’s application for disability retirement. Petitioner was employed as a fireman and on March 2, 1975 in response to an alarm he injured himself in attempting to slide down the brass pole. After a hearing his application for disability retirement benefits was disapproved on the basis that there had been no "accident” within the meaning of section 363 of the Retirement and Social…