Herrmann 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 State Comptroller, which denied petitioner’s application for accidental disability retirement. Petitioner, a member of the New York State Employees’ Retirement System (hereinafter System), was employed as a correction officer at the Eastern Correctional Institution when, on February 12, 1975, he injured his back while pulling a switch to open a block of cell doors. His application for disability retirement benefits was…