Cavalieri v. New York State & Local Retirement System

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 disability retirement benefits.

On August 13, 1999, petitioner, a correction officer, was frisking an inmate when he felt a sharp pain in his back. He thereafter missed a considerable period of time from work as a result of this injury. On January 19, 2002, having returned to work on light-duty status, he fell on a flight of stairs and reportedly injured his neck. In November 2002, petitioner…