Appellate Division of the Supreme Court of the State of New York July 22, 2004 (Lassen v. Hevesi)

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, a firefighter, was injured when he tripped over a *781lawnmower on the front porch of a burning residence.