Acciavatti v. Levitt

The facts are not in dispute and we are concerned solely with a question of law. Petitioner is a member of the Town of Eastchester Police Department and also a member of the Policemen’s and Firemen’s Retirement System. While on duty on February 23, 1970, he sustained “an acute coronary occlusion with myocardial infarct”. Petitioner’s application for an accidental disability retirement allowance pursuant to section 363 of the Retirement and Social Security Law was denied by respondent on the ground that petitioner’s incapacity was not caused by an accident. This article 78 proceeding ensued.

The…