Claim of Space v. DiNapoli

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Comptroller which denied petitioner’s applications for performance of duty and accidental disability retirement benefits.

In 1998, while separated from her position as a police officer, petitioner was involved in á motorcycle accident fracturing her right femur and patella and requiring the insertion of a steel rod in her leg. Petitioner was reinstated to her position as a police officer in 2001 and, in 2005, applied for performance…