Nicholson v. McCall

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 ordinary and accidental disability retirement benefits.

In August 1995, petitioner, then 66 years old, applied for ordinary and accidental disability retirement benefits, claiming disablement due to an automobile accident that occurred on February 22, 1995 while he was carrying out his duties as Chief Special Investigator with the Organized Crime Task Force. As a result of the accident,…