Claim of Ortiz 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 which denied petitioner’s applications for performance of duty and accidental disability retirement benefits.

Petitioner, a police detective, applied for accidental and performance of duty disability retirement benefits in 2007, claiming that he is unable to perform his duties due to a back injury sustained in 1999 while assisting a colleague move a file cabinet up a flight of stairs. Following the initial denial of his applications,…