Tortorello v. McCall

—Mercure, 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 accidental death benefits.

*842Petitioner’s husband, who was employed as a lieutenant in the Rockland County Sheriffs Department, collapsed at home after jogging earlier in the day and was pronounced dead at a hospital emergency room. The cause of death was listed as coronary occlusion due to coronary atherosclerosis and thrombosis, with a prior myocardial infarction…