Mylchreest 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 applications for accidental and performance of duty disability retirement benefits.

Petitioner sustained injuries to his back while performing his duties as a firefighter during separate incidents in January 1998 and January 2002. After his ensuing applications for accidental and performance of duty disability retirement benefits were disapproved, petitioner requested a hearing and…