Cook v. New York State Comptroller

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 denying petitioner’s application for accidental disability retirement benefits.

Petitioner, a police lieutenant, was employed by the Nassau County Police Department as an administrative supervisor when, on March 26, 2010, he was injured in a motor vehicle accident while on duty. When petitioner returned to work on or about March 30, 2010, he was placed on restricted-duty status, i.e., he “was no longer allowed to perform patrol…