Storms 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 which denied petitioner’s application for disability retirement benefits.

Petitioner was employed as a maintenance mechanic for the City of Poughkeepsie in Dutchess County. In April 2007, petitioner applied for disability retirement benefits, asserting that he was permanently disabled due to work-related injuries suffered in December 2003. The application was initially denied and petitioner requested a hearing and…