Appellate Division of the Supreme Court of the State of New York April 26, 1979 (Merkle v. Levitt)

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 accidental disability retirement. Petitioner, a State trooper, injured his back while assisting in the removal of an injured accident victim from her vehicle.