Fullone v. New York State & Local Employees Retirement Systems

—Mercure, 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 the Comptroller which denied petitioner’s application for accidental disability retirement benefits.

In November 1992, petitioner, a correction officer, applied for accidental disability retirement benefits based upon neck and back injuries sustained in a work-related motor vehicle accident in November 1991. Upon finding that petitioner was not incapacitated from the performance of his duties as a correction officer, the Comptroller…