Mercurio 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 which denied petitioner’s application for accidental disability retirement benefits.

Petitioner, a fire lieutenant, was injured in February 2011 when, while responding to a call, he stepped from the cab of the fire engine into a three-foot snow bank and his foot caught the sidewalk curb, twisting his knee. Petitioner thereafter applied for accidental disability retirement benefits and, as relevant here, the application was denied…