Ferguson v. DiNapoli

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of 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, applied for performance of duty disability retirement benefits based on, among other things, heart disease and back, arm and leg injuries. His application was initially denied, prompting petitioner to seek a hearing and redetermination. Following the hearing, the Hearing Officer upheld the denial,…