Wygand v. Regan

— Mikoll, J.

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 which denied petitioner’s application for accidental disability retirement benefits.

The issue in the instant proceeding is whether substantial evidence supports respondent’s finding that petitioner, though concededly totally disabled, is not entitled to an accidental disability stemming from an accident occurring on December 9, 1963. The underlying facts are quite straightforward. Petitioner, a police officer, was…