Volpe v. Murray

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 the Comptroller which denied petitioner’s applications for performance of duty and accidental disability retirement benefits.

In August 2009, petitioner, a police sergeant, applied for accidental and performance of duty disability retirement benefits, claiming that he is permanently disabled as a result of injuries to his head, neck and right shoulder stemming from two incidents. Specifically, on June 20, 1990, while chasing a suspect,…