281 A.D. 1056 | N.Y. App. Div. | 1953
Application under article 78 of the Civil Practice Act to review a determination by the respondent disapproving and denying the petitioner’s application -for accidental disability retirement under the provisions of section 79 of the Civil Service Law. The petitioner was born on October 2, 1893. In 1929, he became a patrolman of the Nassau County Police Department and a member of the New York State Employees’ Retirement System. It is undisputed that the petitioner suffered accidental injuries on two occasions while in the performance of duties back in 1929 and 1933. On October 9, 1929, he was struck by an automobile causing minor injuries, consisting of contusions and abrasions of the left ankle, right knee and face, and he returned to duty on November 9, 1929. On May 27, 1933, he was run down by a hit and run driver and was rendered unconscious. He sustained a concussion of the brain and a cut over the right eyebrow and he was incapacitated for about a month and a half. He resumed his regular duties as a patrolman and continued in that employment for over fifteen years until July 27, 1949, when he reported that he was sick. On September 2, 1949, he filed application for accidental disability retirement based upon the accidents which had occurred twenty years and sixteen years before the application, respectively. The application was disapproved upon the basis of the medical board’s findings and thereafter upon request a hearing was held before a deputy