Pennetta 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 which denied petitioner’s application for performance of duty disability retirement benefits.

Petitioner, a firefighter/emergency medical technician employed by the Village of Pelham, Westchester County, injured his right knee on July 9, 1996 when he slipped on the fire station floor while running to answer the emergency telephone. Arthroscopic surgery was performed in October 1996. Petitioner returned to work in August 1998 but…