Matter of Loveless v. DiNapoli

Appeal from a judgment of the Supreme Court (Zwack, J.), entered September 25, 2014 in Albany County, which, in a proceeding pursuant to CPLR article 78, among other things, dismissed the petition.

Petitioner was employed by the Department of Corrections and Community Supervision when he suffered an injury on the job. Consequently, in August 1998, he received a lump-sum workers’ compensation payment in the amount of $70,000, of which $6,300 was paid in counsel fees. In August 1999, when he was 34 years old, petitioner was granted a performance of duty disability retirement (see Retirement and…