Matter of Molloy 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 denying petitioner’s application for performance of duty disability retirement benefits.

Petitioner worked as a correction officer for approximately 7V2 years and, during this time, was involved in three work-related incidents in which he injured his left shoulder. The first occurred on June 6, 2008 when petitioner was assisting other correction officers in restraining a combative inmate. The second incident occurred in…