Nicotera v. Regan

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 disapproving petitioner’s application for accidental disability retirement benefits. On January 7, 1976, the petitioner sustained various injuries in a work-related accident. Two doctors testified, one on behalf of the petitioner, the other on behalf of the respondent. Both doctors agreed that the injury to petitioner’s back was an aggravation of a pre-existing condition, as a result of which he would be…