Kaler v. DiNapoli

Petitioner, a correction officer, applied for performance of duty disability retirement benefits based upon injuries sustained after he slipped on a floor that had recently been mopped by an inmate. After the application was initially denied, petitioner requested a hearing and a redetermination. Following a hearing, the Hearing Officer found that petitioner’s fall was caused by an act of an inmate (see Retirement and Social Security Law § 507-b [a]) and remanded his application to respondent New York State and Local Retirement System to resolve other necessary issues. On review, respondent…