Selinger 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 review a determination of the Comptroller of the State of New York which denied petitioner’s application for accidental disability retirement benefits pursuant to section 63 of the Retirement and Social Security Law. On May 1, 1973 petitioner was employed as a paving mechanic by the Port Authority of New York and New Jersey. His duties that day involved the repair of a taxi ramp at Newark Airport, and he was engaged in spreading a fine aggregated…