Mackey v. Ward

Order and judgment (one paper), Supreme Court, New York County (Michael Dontzin, J.), entered on or about May 3, 1989, which dismissed the CPLR article 78 petition seeking to annul and vacate respondent Police Commissioner’s determination denying petitioner accident disability retirement, unanimously affirmed, without costs.

Petitioner sustained a line-of-duty injury on October 4, 1974 when he fell down steps and separated his right shoulder. Corrective surgery was performed on petitioner’s shoulder on October 8, 1974. Following physical therapy on an outpatient basis, petitioner returned to…