Sanchez v. New York State & Local Police & Fire Retirement System

Mercure, 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 the Comptroller which denied petitioner’s application for accidental disability retirement benefits.

The sole issue for our determination is whether the testimony of Mary Godesky, an orthopedist testifying on respondent’s behalf, provided substantial evidence to support the Comptroller’s finding that, although petitioner is incapacitated from the performance of his duties as a correction sergeant, the disability is not the natural…