Fiore v. McCall

Mikoll, J. P.

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 Comptroller which denied petitioner’s application for disability retirement benefits.

The burden of proof in petitioner’s claim for disability retirement benefits was upon petitioner. He was required to establish that he sustained an “accident” and that he was incapacitated from performing his duties as the natural and proximate *941result of the accident (see, Retirement and Social Security Law § 363). Though “accident” is…