Basile v. Levitt

— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County), to review a determination of the State Comptroller, which denied petitioner’s application for accidental disability retirement benefits. Petitioner, a correction officer responsible for the care, custody and control of inmates at the Nassau County Correctional Facility, responded to a call for assistance at the medical tier where an inmate having an apparent seizure was hiding under a bed in her cell. Petitioner and her partner bent down and together…