Faulkner v. Levitt

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 State Comptroller. Petitioner, who was last employed as a senior boys’ work supervisor by the New York State Division for Youth, is a member of the New York State Employees’ Retirement System, and it is undisputed that he is incapacitated and that the Comptroller has approved his application for ordinary disability retirement benefits effective June 3, 1975. At issue here is the Comptroller’s disapproval of his application…