Matter of Dellaripa v. DiNapoli

McCarthy, 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 denying petitioner’s application for accidental disability retirement benefits.

Petitioner left his employment as a police officer for the City of Mount Vernon and received a disability retirement pension. In December 2012, petitioner applied for accidental disability retirement benefits, alleging that he was permanently incapacitated from the performance of his duties as a result of injuries to his back sustained in a…