Meislahn v. McCall

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.

Petitioner, a police officer for the Town of Clarkstown in Rockland County, was injured during the course of his employment when he fell on a stairway. He subsequently applied for accidental disability retirement benefits and, following a hearing, respondent denied the application upon the ground that petitioner had not sustained an accident within…