Hayden 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 disability retirement benefits.

Petitioner was employed as a Deputy Sheriff for Erie County when he sustained injuries in an automobile accident in May 1999. Petitioner never returned to work. He was placed on unpaid medical leave of absence until May 21, 2000, and ultimately his employment was terminated on August 1, 2000. On August 28, 2001, petitioner filed an application for disability…