Maiorano 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 Comptroller which denied petitioner’s application for accidental disability retirement benefits.

Petitioner, a police officer, sustained a knee injury in 2001 while affecting an arrest. She underwent surgery in 2002 and her symptoms initially improved. Due to worsening pain and other symptoms, however, petitioner moved to a light duty assignment in 2004 and applied for accidental disability retirement benefits in 2005. After a…