Cannatella v. New York State Employees' 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 disability retirement benefits.

The Comptroller denied petitioner’s application for accidental disability retirement benefits based upon his finding that petitioner was not permanently incapacitated from the performance of his duties as a correction officer. There is substantial medical evidence in the record to support this determination. The existence of conflicting medical…