Meeks 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, an equipment operator responsible for maintaining a beach area, injured his back while lifting and emptying cans containing barbecue ashes. Petitioner commenced this CPLR article 78 proceeding after his application for accidental disability retirement benefits was denied on the ground that he did not suffer an “accident” within the…