Iacobellis v. New York State & Local Retirement System

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 the Comptroller which, among other things, denied petitioner’s application for accidental disability retirement benefits.

Petitioner was employed by the New York Power Authority as a senior construction engineer and oversaw construction work at its facilities. While so engaged in 2006, he was struck by material inadvertently lowered by a crane, and applied for ordinary and accidental disability retirement benefits as a result. The applications…