McCabe 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 respondent which denied petitioner’s application for accidental disability retirement benefits.

Petitioner was employed as a Correction Officer with the Suffolk County Sheriff’s Department. After an accident in March 1986 in which he slipped and fell on a wet floor while at work, petitioner was given a light duty assignment. Petitioner’s subsequent application for accidental disability retirement *797benefits was denied on the basis that he was…