Flynn 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 was employed as a police officer for the City of Rye in Westchester County. On August 10,1991, he injured his lower back when he slipped and fell on wet grass during a pursuit of three youths. On November 16, 1992, while assigned to a local elementary school to provide drug awareness resistance education, petitioner injured his…