Bergin v. McCall

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

Petitioner, a police officer employed by the Port Authority of New York and New Jersey, was injured in the course of his employment when he fell while walking down two steps from the police desk room at Newark International Airport to an adjacent hallway. Respondent Comptroller determined that petitioner did not suffer an “accident”…