Pennachio v. Dinapoli

Lahtinen, 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 which denied petitioner’s application for accidental disability retirement benefits.

Petitioner, a police officer for the City of Yonkers, Westchester County, was assigned to assist with search and rescue operations at the World Trade Center site on September 12, 2001. Shortly thereafter, he started receiving medical treatment for respiratory issues. Petitioner retired from his job in April 2008 and received line of…