Baron v. New York State Comptroller

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 disability retirement benefits.

Petitioner, a correction officer, was diagnosed with coronary heart disease in 2006 and applied for performance of duty dis*1679ability retirement benefits. The application was initially denied on the ground that petitioner’s disability was not sustained as the result of his work duties. Petitioner sought a rehearing and…