Hamilton v. City of Schenectady

—Mercure, J.

Appeal from a judgment of the Supreme Court (Lynch, J.), entered December 30, 1993 in Schenectady County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent City of Schenectady denying petitioner benefits pursuant to General Municipal Law § 207-c.

Petitioner was employed by respondent City of Schenectady as a police officer on August 28, 1986. It is undisputed that petitioner suffers from spondylolisthesis, a congenital condition that causes a predisposition to injuries in the L5-S1 level of the spine.…