Appellate Division of the Supreme Court of the State of New York May 20, 1966 (Lynch v. Levitt)

Herlihy, J.

In this article 78 proceeding the petitioner seeks review of a determination of the Comptroller of the State of New York which denied retirement benefits. The petitioner, while in his employment, attempted to raise an overhead door, in the act of which his back “gave out”. Pie received medical treatment and eventually underwent an operation.