Demilo-Fytros v. McCall

—Peters, 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 application for accidental disability retirement benefits.

In May 1989, petitioner was involved in a motor vehicle accident during the course of her employment as a police officer for the City of Mount Vernon in Westchester County. Diagnostic tests conducted soon after the accident revealed no abnormalities of petitioner’s spine. Thereafter, however, petitioner missed several periods of work due…