Matter of City of Lackawanna v. Nitido

McCarthy, 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 denying petitioner’s application for disability retirement benefits.

Petitioner, a municipality, filed an accidental disability retirement application on behalf of Kenneth A. Drozdowski, a firefighter employed by petitioner, alleging that Drozdowski was permanently disabled as a result of injuries sustained in various incidents during the course of his duties on October 31, 1998, April 22, 2005 and October 2, 2010.…