Higgins v. McCall

—Crew III, J. P.

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, a fire captain, applied for accidental disability *880retirement benefits based upon back and knee injuries sustained in two work-related accidents. Upon finding that petitioner was not permanently incapacitated from the performance of his duties as a fire captain, respondent denied the application. Petitioner thereafter…