Mahan v. New York State & Local Police & Fire 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 the Comptroller which denied petitioner’s application for accidental and performance of duty disability retirement benefits.

Petitioner filed an application for accidental and performance of duty disability retirement benefits with respondent on August 25, 1987. Petitioner contended that in the course of his duties as firefighter on January 17, 1985, while descending a flight of stairs, he tripped and fell on a landing at a firehouse in the…