Makowski v. New York State & Local 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 the Comptroller which denied petitioner’s application for accidental disability retirement benefits.

Petitioner was employed as a fireman with the City of Rochester Fire Department when, on January 14, 1989, he slipped on oil on the tile floor of the fire station and injured his lower back. Petitioner thereafter filed an application for accidental disability retirement benefits pursuant to Retirement and Social Security Law § 363. The…