McDonald v. Levitt

— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to annul a determination of the State Comptroller, which disapproved petitioner’s application for accidental death benefits. John McDonald was a patrolman with the Buffalo Police Department and was also a member of a police pistol team. On October 6, 1970, the team attended a pistol match in Greece, New York, approximately an hour from Buffalo, and competed with a team representing Rochester, New York. After completion of the match, McDonald and a fellow…