Seeley v. New York State Employees' Retirement System

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 State Comptroller which denied petitioner’s application for accidental disability retirement. On August 14, 1976, petitioner, a maintenance mechanic, while carrying a full refuse can upstairs, a task he routinely performed, experienced chest pain, was subsequently hospitalized and allegedly is physically unable to perform his duties. Respondent Comptroller disapproved petitioner’s application for accidental disability…