Collins v. Levitt

Appeal from a judgment of the Supreme Court at Special Term, entered June 20, 1978 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to vacate a determination of the State Comptroller denying petitioner accidental disability retirement benefits. Petitioner was a member of the New York State Employees’ Retirement System when he suffered injuries while at work for the Department of Transportation on May 30, 1972 as a result of which he allegedly became permanently disabled. He was advised by his employer to apply for "ordi*822nary service…