Fernandez v. New York State Employees' Retirement System

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County), to review a determination of the Comptroller which denied petitioner’s application for accidental disability retirement benefits. 11 Petitioner submitted an application for accidental disability retirement benefits to the Comptroller, claiming that when he slipped on a wet floor on November 8, 1978, he caused permanent injury to his back which prevented him from returning to his position as a uniformed court officer. The Comptroller found that petitioner…