Nugent v. New York State & Local Employees' 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 respondent Comptroller which denied petitioner’s application for accidental disability retirement benefits.

Petitioner, a highway general foreman, applied for accidental disability retirement benefits because of injuries he allegedly sustained to his neck, back and arms after being attacked by a co-worker. Petitioner’s application was denied on the ground *683that he was not permanently incapacitated from performing his employment duties.…