Campany v. New York State Retirement System

Proceeding pursuant to CPLR article 78 (trans*779ferred 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 began working as a firefighter for the Watertown Fire Department in August 1974. On May 1, 1993, he injured his right shoulder when he was inside a burning house assisting another firefighter and was struck by a smoldering beam. He returned to full-time duty four to five months later. Thereafter, on April 3, 1994, petitioner was in…