Campanelli v. McCall

Appeal from a judgment of the Supreme Court (Ferradino, J.), entered July 18, 2000 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for failure to state a cause of action.

*681Petitioner retired in January 1995 as a result of an injury he sustained while employed as a correction officer and thereafter received ordinary disability retirement benefits in an amount equal to one third of his salary. In September 1997, petitioner filed an application for performance of duty disability retirement benefits pursuant to Retirement and…