Matter of Buono 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 denying petitioner’s application for accidental disability retirement benefits.

Petitioner worked as a police officer for 15 years. On April 19, 2012, he was placing a suspect, who had been handcuffed, into the rear seat of the patrol vehicle when the suspect pulled away causing petitioner to be drawn toward the vehicle, to strike his neck and right shoulder on the door jamb, and to sustain injury. As a result of this incident, he…