Farinella v. Pitt

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 application for performance of duty retirement benefits.

In order for petitioner to be eligible for performance of duty *978retirement benefits, petitioner must prove that, at the time his application was filed, he was physically incapacitated from performing his duties as a firefighter (see, Retirement and Social Security Law § 363-c). The record contains conflicting medical opinions as to whether…