Carmody v. McCall

—Peters, 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 ordinary disability retirement benefits.

Petitioner was injured on August 28, 1992, while lifting bags of lime in the course of his employment at the wastewater treatment plant in the Village of Rhinebeck, Dutchess County (hereinafter the Village). Petitioner’s employment with the Village ended October 12, 1993. On January 4, 1993, applications for ordinary and accidental…