Gesner 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 which denied petitioner’s applications for accidental disability and performance of duty disability retirement benefits.

Petitioner, a police officer, missed three months of work after sustaining a back injury during the course of his employment in November 2001. He returned to full-duty status in February 2002, however, and continued to work in that capacity until August 2006, when he transitioned to light duty as a result of…