Dixon v. McCall

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 application for disability retirement benefits.

On or about June 26, 1990, petitioner, who was employed at the time as a correction officer at a State correctional facility, was injured while restraining an inmate. His subsequent application for disability retirement benefits was denied on the ground that he was not permanently incapacitated from his duties as a correction officer. Petitioner…