White 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 performance of duty disability retirement benefits.

Petitioner, a correction officer, filed an application for performance of duty disability retirement benefits, alleging, among other things, that he was permanently incapacitated due to a shoulder injury sustained on July 8, 2006.* According to petitioner, he was supervising a work crew of inmates stripping dirty wax off a floor when he…