O'Shaughnessy v. New York State Comptroller

Mercure, J.P.

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 application for performance of duty disability retirement benefits.

*1198Petitioner, a correction officer, was injured in 2006 while subduing an inmate who attacked another officer. Although petitioner attempted to return to work at full duty, he continued to have pain and lost time, and was eventually placed on light duty. Thereafter, petitioner filed an application for performance of…