Murgia v. Regan

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Comptroller which denied petitioner’s application for ordinary disability retirement. Petitioner, a member of the New York State Employees’ Retirement System, filed an application for ordinary disability retirement claiming to be permanently disabled from the performance of his duties as an automotive mechanic due to a back injury. He testified at a hearing that he received a severe back injury on June 14,1976 which…