De Filippo 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 accidental disability retirement benefits.

Petitioner, a court officer, applied for accidental disability retirement benefits for injuries that he sustained to his knees and back during three separate incidents wherein he was called upon to control unruly people in the courthouse. That application ultimately was denied by respondent on the basis that, among other things, petitioner was not…