Clarke v. Murray

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 applied for accidental disability retirement benefits alleging that he sustained disabling injuries as the result of an accident that occurred while he was performing his duties as a police detective. The application was initially denied. Following a hearing, the Hearing Officer determined that the incident did not constitute an…