Warshawsky v. DiNapoli

Appeal from a judgment of the Supreme Court (Ceresia Jr., J.), entered January 28, 2009 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Comptroller denying petitioner accidental disability retirement benefits.

Before his employment as a court officer, petitioner underwent *1358a physical examination that revealed no evidence of heart problems. In 1996, he suffered a heart attack. He applied for accidental disability retirement benefits in 2003, immediately after a second heart attack. His application…