Nickels v. McCall

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.

Petitioner was employed as a police officer by the City of Yonkers in Westchester County when he was injured while attempting to break up a fight. Petitioner’s subsequent application for accidental disability retirement benefits was denied on the ground that he was not permanently incapacitated from performing his duties as a police officer. Substantial…