
    In the Matter of Ralph Henne, Petitioner, v Arthur Levitt, as Comptroller of the State of New York and Administrative Head of New York State Policemen’s and Firemen’s Retirement System, Respondent.
   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. The petitioner’s contention that he suffered various accidental happenings which caused pain and injury was not disputed at the hearing held herein by the respondent. The record, however, contains medical proof that the petitioner was not subject to any present physical disability which would prevent him from performing his duties. The record contains substantial evidence to support the respondent’s determination of the factual issue of whether or not the petitioner was physically or mentally incapacitated for the performance of duty as a result of an accident sustained in the service upon which his membership is based. (See Matter of Gorman v Levitt, 49 AD2d 970; Matter of Cisler v Levitt, 49 AD2d 971.) Determination confirmed, and petition dismissed, without costs. Herlihy, P. J., Greenblott, Main, Larkin and Reynolds, JJ., concur.  