Hoehn v. New York State Comptroller

Lahtinen, J.P.

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 applications for performance of duty and accidental disability retirement benefits.

Petitioner, a police detective, was driving home from work after his shift in May 2010 at around 5:30 p.m. when he came upon a disabled vehicle causing a backup on a heavily traveled roadway. He parked his car in the median, identified himself as *985a police officer and, with petitioner positioned near…