Del Salto v. DiNapoli

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany *1148County) to review a determination of respondent which denied petitioner’s application for accidental disability retirement benefits.

Petitioner, a police officer, responded to a report of a woman attempting to cash a fraudulent check at a bank. Upon observing an individual matching the description of the suspect walking down the street away from the bank, petitioner approached the individual from behind. After she refused to stop, petitioner grabbed her arm with his right hand.…