90 A.D.2d 656 | N.Y. App. Div. | 1982
Appeal from a judgment of the Supreme Court at Special Term (Cholakis, J.), entered March 1,1982 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, (1) to annul an initial determination of the Comptroller denying accidental disability retirement benefits, and (2) for prehearing disclosure of certain records pursuant to a demand under CPLR article 31. Petitioner’s application for accidental disability retirement made under section 63 of the Retirement and Social Security Law was denied on June 4, 1981 on the ground that while petitioner was incapacitated for the performance of his duties, that incapacity was not the natural and proximate result of an accident sustained in the service upon which his membership was based. He requested a hearing and redetermination of his claim and at the same time sought prehearing disclosure of “all documents considered by the New York State Retirement System in making their determination.” The hearing was scheduled but the request for the information was not met. Petitioner then commenced this proceeding seeking a reversal of the determi