Valerioti v. New York State Comptroller

—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.

We find substantial evidence to support the determination denying petitioner’s application for accidental disability retirement benefits on the ground that he is not permanently incapacitated from performing the duties of a police officer (see, Matter of Marsala v Regan, 178 AD2d 912; Matter of Colligan v Regan, 128 AD2d 928). Although petitioner’s…