Matter of Koenig 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 accidental disability retirement benefits.

In July 2007, petitioner, a police officer, was injured when a bullet fragment from another police officer’s gunshot ricocheted off a target at the firing range and struck petitioner in the leg. Upon his return to work in December 2007, petitioner was placed on light duty assignment. In January 2009, petitioner filed an application for…