Vassello v. McCall

Crew III, J.P.

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 *816respondent which denied petitioner’s applications for performance of duty and ordinary disability retirement benefits.

Petitioner, a firefighter, allegedly sustained certain injuries when he fell while descending a pumper truck in August 1998. In March 1999, petitioner filed an application for performance of duty disability retirement benefits and, one month later, his employer filed an application for ordinary disability…