Matter of Huntington v. DiNapoli

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, entered in Albany County) to review a determination of respondent Comptroller denying petitioner’s application for disability retirement benefits.

On October 13, 2011, petitioner, a laborer, was notified by his employer, the Olympic Regional Development Authority (hereinafter ORDA), that it was terminating his employment for misconduct, and he received no further paychecks. On March 30, over 17 months later, petitioner filed an application for disability retirement benefits under Retirement and Social…