Pascale v. DiNapoli

Peters, 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 denying petitioner’s applications for accidental and performance of duty disability retirement benefits.

Petitioner, a police officer, sustained two work-related injuries, one in 1990 and the other in 1993. Petitioner claims that as a result of the 1990 incident, he suffered hearing loss but was eventually able to return to full duty. Following the 1993 incident, in which he injured his lower back, petitioner…