Hill v. Levitt

— 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 Comptroller which denied petitioner’s application for accidental disability retirement. On September 5, 1973 the petitioner, a nurse at the State University of New York-Upstate Medical Center, while attempting to pull an unconscious patient up from the foot of the bed to which he had slipped, experienced a sharp back pain when the patient moved unexpectedly and his weight resistance caught petitioner by surprise.…