Mellor v. Hevesi

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 claims investigator, allegedly sustained various injuries when he tripped and fell while walking on the unpaved portion of a roadway near his office. Petitioner’s application for accidental disability retirement benefits was denied, and he requested and was granted a hearing and redetermination. At *1206the conclusion of the…