Cascarano v. DiNapoli

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 disability retirement benefits.

Petitioner was a sanitation worker for the City of Yonkers until, as a result of a disciplinary proceeding, he received notice from his employer of his termination on June 15, 2012. On May 22, 2013, petitioner applied for disability retirement benefits pursuant to Retirement and Social Security Law article 15. The New York State and Local Employees’ Retirement…