Matter of Denson v. DiNapoli

McCarthy, J.P.

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 Comptroller which denied petitioner’s applications for disability and performance of duty disability retirement benefits.

In August 2009, petitioner — a correction officer employed by the Department of Corrections and Community Supervision (hereinafter DOCCS) for over 12 years — received two notices of discipline and, as a result of those notices, was suspended without pay. In February 2012, petitioner entered into a…