Corbett 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, injured his neck while removing a traffic counter. Petitioner’s initial application for accidental disability retirement benefits was denied and he requested a hearing and redetermination. The Hearing Officer also denied petitioner’s application on the basis that the incident did not constitute an accident within the…