Malacynski v. McCall

—Mikoll, J.

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 request for disability retirement benefits.

The discrete issue here is whether substantial evidence supports respondent’s determination that petitioner is not permanently incapacitated from the performance of his duties as a tree pruner.

Petitioner was injured on April 24, 1990 in a work-related motor vehicle accident. On June 28, 1991 he filed an application for accidental disability retirement…