Damante v. McCall

While on duty in September 1991, petitioner, a police officer, injured his head, neck and lower back when the vehicle in which he was sitting was hit from behind by a tractor trailer. His application for accidental disability retirement benefits *646was denied following a hearing on the basis that petitioner failed to sustain his burden of demonstrating that he is permanently incapacitated for the performance of his duties. Petitioner commenced this CPLR article 78 proceeding arguing that such determination is not supported by substantial evidence.

Based upon our review of the record, we disagree.…