Hofmann 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 performance of duty disability retirement benefits.

Petitioner, a correction officer, was injured while attempting to break up a fight between inmates in February 1995 and has not worked since that time. A Hearing Officer denied his application for performance of duty disability retirement benefits, *872finding that he failed to establish that his disability was the natural and…