Castricone v. Regan
Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Comptroller which denied petitioner’s application for disability retirement. Petitioner was employed as a fireman and on March 2, 1975 in response to an alarm he injured himself in attempting to slide down the brass pole. After a hearing his application for disability retirement benefits was disapproved on the basis that there had been no "accident” within the meaning of section 363 of the Retirement and Social Security Law since it was the result of ordinary physical effort required in the performance of petitioner’s routine duties. Petitioner testified that the anchorscrews securing a railing loosened from the floor boards causing him to lose his balance and make an awkward descent. In his application for
Case-law data current through December 31, 2025. Source: CourtListener bulk data.