Davis 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 for the Westchester County Department of Correction, applied for performance of duty disability retirement benefits after he injured his neck and back while rising from a chair to answer a telephone.1 Upon the denial of this application,2 petitioner sought a hearing and redetermination. The Hearing Officer…