McGarry v. McCall

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of respondent Comptroller, which denied petitioner’s request for accidental disability retirement benefits.

Petitioner was employed as a police officer by the Suffolk County Police Department in February 1979 when the patrol car he was operating was rear-ended by another vehicle. In December 1990, petitioner applied for accidental disability retirement benefits on the ground that injuries to his neck and back sustained in the 1979 accident…