Wawrzynek v. New York State & Local Retirement System

—Crew III, J.

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 disability retirement benefits and performance of duty disability retirement benefits.

Petitioner, a correction officer, filed applications for disability *628retirement benefits and performance of duty disability retirement benefits as the result of an injury to his back sustained during the course of his work. Based upon the medical evidence presented at a hearing,…