Fiducia 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 application for accidental disability retirement benefits.

Petitioner, a police officer, was searching an abandoned building when he slipped and fell while descending a stairway. He thereafter applied for accidental disability retirement benefits, alleging debilitating injuries to his lower back, neck and left leg as the result of his fall. The application was initially disapproved and petitioner requested a…