Di Benedetto v. Regan

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 denied petitioner’s application for accidental disability retirement benefits.

Petitioner was a police officer who worked at an airport. His duties included responding to calls made for police assistance. On the day in issue, he was directed to answer a report of smoke coming out of a suitcase at one of the airport’s terminals. Upon arrival, petitioner saw the smoke coming from the suitcase at a distance of…