Ahmed-Parkin-Chirco v. New York State Comptroller

Spain, J.P.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in *1685Albany County) to review a determination of respondent Comptroller which denied petitioner’s application for performance of duty disability retirement benefits.

In May 2000, petitioner was injured while working as a correction officer when one of the wheels fell off a food cart being pushed by two inmates and it landed on her foot. Although petitioner returned to work, she eventually underwent surgery to repair her foot and alleviate the pain that she was experiencing. This…