Hodio v. DiNapoli

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

Petitioner, a police officer, injured his knee when he fell while ascending the precinct stairs at the end of his shift on a cold, snowy day. His applications for accidental and performance of duty disability retirement benefits were initially denied. After a hearing challenging the denial, the…