Lamphron v. Regan

—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 applications for accidental and performance of duty disability retirement benefits.

Petitioner applied for accidental and performance of duty disability retirement benefits in January 1988. It is not disputed that petitioner is permanently incapacitated from his full firefighting duties because of the condition of his right wrist. At issue is whether his disability was due to a long degenerative…