McKay v. Levitt

Appeal from a judgment of the Supreme Court at Special Term, entered August 9, 1978 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, seeking ordinary disability retirement benefits as of April 23, 1976. The petitioner commenced this proceeding to review a determination of the appellant State Comptroller which held that the effective date of his "ordinary” disability retirement was the date of his application for such retirement. Petitioner contends that it should be retroactive to the date that he previously filed for "accidental”…