Stewart v. New York State & Local Employees' Retirement System

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, applied for performance of duty disability retirement benefits after he sustained physical injuries to his neck, back and shoulder as a result of incidents occurring in 1994, 1998 and 1999. His application was initially denied on the ground that his disability was not the natural and proximate…