McLaughlin 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 Comptroller which, inter alia, denied petitioner’s application for accidental disability retirement benefits.

Petitioner, a police officer, allegedly injured his knee when he slipped on loose gravel and stones while responding to a call of underage drinking at the railroad tracks. Petitioner’s ap*941plication for accidental disability retirement benefits was denied on the ground that the injury resulted from petitioner’s own misstep and…