Kostik 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 which denied petitioner’s application for accidental disability retirement benefits.

*1377Petitioner began working as a police officer for the City of Yonkers Police Department in 2002. In 2008, petitioner applied for accidental and performance of duty disability retirement benefits, claiming that he suffered from chronic and disabling back pain. Although petitioner injured his back and underwent a microdiscectomy prior to his employment…