Nicotera v. Regan

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Comptroller which denied petitioner’s application for accidental disability retirement. At the hearing on his application for accidental disability retirement benefits, petitioner testified that he experienced chest pains while lifting 35- to 50-pound cartons from an office floor. He received emergency medical treatment and was later advised that he had sustained a heart attack. Normally, a heavy equipment operator…