Cummings v. Regan

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 disapproving petitioner’s application for accidental disability retirement benefits. The petitioner’s application was denied upon the ground *951that he failed to establish that he was incapacitated from the performance of his duties as a custodian. If the determination is supported by substantial evidence, it must be confirmed (Matter of Chayut v Levitt, 70 AD2d 701). The record discloses that, although challenged…