Ritsi v. Hevesi

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, sustained injuries in a fall after allegedly stepping on an AA-size battery while inspecting prison cells along a catwalk. After petitioner’s application for *833disability retirement benefits pursuant to Retirement and Social Security Law article 15 was granted, he sought performance of duty…