Kempkes 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 which determined petitioner’s effective retirement date.

Petitioner, a police officer employed by the Village of Bronx-*1010ville, submitted an application for disability retirement benefits. While that application was pending, the Village filed disciplinary charges against petitioner and, on November 19, 2007, he was terminated by the Village Board. Petitioner’s application for disability retirement benefits was granted on August 12, 2008…