Carman v. McCall

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review two determinations of respondent which denied petitioner’s applications for accidental and ordinary disability retirement benefits.

By separate determinations, respondent denied petitioner’s applications for accidental and ordinary disability retirement benefits. In each determination, respondent concluded that petitioner was not permanently incapacitated from performing the duties of his employment as a sanitation man. Respondent’s expert testified that although…