Nizzico v. New York State Policemen's and Firemen's Retirement System

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Third Judicial Department by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Comptroller of the State of New York which disapproved petitioner’s application .for an accidental retirement allowance pursuant to section 363 of the Retirement and Social Security Law. On November 23, 1971, petitioner filed an application for accidental disability retirement benefits with the Comptroller alleging that on March 9,1952, while in the…