Chapin v. Hevesi

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 application for performance of duty disability retirement benefits.

Petitioner, a correction officer, applied for performance of duty disability retirement benefits alleging that her exposure to chemical agents used by inmates to strip the facility’s floors rendered her permanently incapacitated from the performance of her duties. Following the initial disapproval of her application, petitioner sought and…