Campbell 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 which denied petitioner’s application for accidental disability retirement benefits.

After he sustained various injuries in November 2000 when he slipped and fell on a patch of ice while hooking up an additional water line, petitioner, an experienced firefighter, applied for and was granted performance of duty disability retirement benefits. Petitioner thereafter sought accidental disability retirement benefits. Upon the denial of…