Bates v. New York State & Local Police & Fire Retirement System

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 the Comptroller which denied petitioner’s applications for performance of duty and accidental disability retirement benefits.

In January 2009, petitioner, a firefighter, applied for performance of duty and accidental disability retirement benefits, claiming that she was permanently disabled due to injuries to her back sustained in incidents that occurred in 2000 and 2007. After the applications initially were denied, petitioner requested a…