Kaiser v. McCall

—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 respondent which denied petitioner’s applications for accidental and performance of duty disability retirement benefits.

Petitioner, a police sergeant, filed applications for accidental and performance of duty disability retirement benefits based upon cervical and lumbar injuries that he sustained in a November 1992 incident at work. The applications were initially denied in January 1996 on the ground that petitioner was not…