Roach v. McCall

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Appellate Division, Fourth Department) to review a determination of respondent Comptroller which denied petitioner’s application for accidental disability retirement benefits.

Petitioner was employed as the head bus driver by the Town of Webb Union Free School District from 1969 until his retirement in August 1996 at the age of 62. At that time, petitioner applied for accidental disability retirement benefits, claiming that his right shoulder had been injured as the result of employment-related accidents in…