Sweeney v. DiNapoli

Spain, J.P.

In 1992, petitioner, a police officer, suffered work-related injuries to his shoulder, neck and back while attempting to arrest a suspect. Thereafter, petitioner was assigned to light duty desk work. In 2007, petitioner applied for accidental disability and performance of duty disability retirement benefits alleging that he was permanently incapacitated from the performance of his duties as a result of the 1992 incident. Respondent Comptroller denied the applications on the ground that petitioner was not incapacitated from the performance of his restricted duties, prompting…