Smith v. Regan

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 request for accidental disability retirement benefits.

Although petitioner’s physician testified that, in his opinion, good cause existed for petitioner’s failure to timely file for accidental disability retirement benefits, he could not say with a reasonable degree of medical certainty that petitioner was unable to properly function during the entire 30 days following the May 17, 1978 incident. Furthermore,…