Matter of Whitehead 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 Comptroller denying petitioner’s application for performance of duty disability retirement benefits.

Petitioner, a correction officer, was injured in September 2009 when he struck his head on a wall-mounted metal toolbox while attempting to subdue an inmate. Petitioner did not return to work and, in April 2011, applied for performance of duty disability retirement benefits. The application was denied, and petitioner sought a hearing…