Matter of Borsilli 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 denying petitioner’s application for disability retirement benefits.

In March 2011, petitioner, a correction officer, filed an application for disability retirement benefits, alleging that he is permanently incapacitated from performing his job duties due to collapsed veins in his legs, an enlarged heart, diabetes, high blood pressure, high cholesterol and asthma. The application was initially denied and petitioner requested a…