Park 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 performance of duty disability retirement benefits.

For approximately 17V2 years, petitioner worked as a correction officer for the Westchester County Department of Corrections. He spent most of his career working in an old jail building that was poorly ventilated and contained an abundance of mold, mildew and other contaminants. In 2005, he began to have respiratory and heart problems and he…