Claim of Deleo 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 denied petitioner’s application for accidental disability retirement benefits.

Substantial evidence supports the determination of respondent Comptroller which denied petitioner’s application for accidental disability retirement benefits. Petitioner, a labor foreman for the Town of Hempstead, Nassau County, injured his left knee and back when in the course of exiting a truck he stepped on its running board which…