Lynch v. McCall

Appeal from a judgment of the Supreme Court (Bradley, J.), entered January 27, 1994 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition as time barred.

It is undisputed that petitioner was injured on May 8, 1985 while on duty as a Correction Officer at Albion Correctional Facility in Orleans County. Petitioner thereafter filed a timely application for accidental disability retirement benefits pursuant to Retirement and Social Security Law §§ 507 and 507-a. The initial application was disapproved and upon petitioner’s request for a hearing and a…