63 A.D.2d 777 | N.Y. App. Div. | 1978
Appeal from a judgment of the Supreme Court at Special Term, entered May 16, 1977 in Albany County, which resettled a previous judgment of that court entered June 11, 1976, granting petitioner’s application, in a proceeding pursuant to CPLR article 78, to vacate a determination of the Comptroller denying her accidental disability retirement benefits. Petitioner, an employee of the Rome State Developmental Center, suffered a fall while at work in May of 1971 and later became disabled as a result of recurring abdominal hernias. In this proceeding she seeks accidental disability retirement benefits, and resolution of the issues raised requires attention, in some detail, to the events and proceedings which have occurred throughout a six-year period and leaves this petitioner still without a determination on the merits. When petitioner was advised on October 28, 1972 that her employ