Bare v. McCall

—Mercure, J. P.

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 disability retirement benefits.

Petitioner applied for disability retiremént benefits due to a shoulder injury he sustained during an automobile accident that occurred while he was performing his duties as a State Trooper. After petitioner’s application was initially disapproved, an administrative hearing was held. The Hearing Officer determined that petitioner was not…