Weldon 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 State Police disability retirement benefits.

Petitioner, a State Police investigator, applied for State Police disability retirement benefits, claiming that he is permanently incapacitated from performing his job duties due to injuries suffered to his left shoulder sustained in incidents that occurred in 2003 and 2008. The application was initially denied and petitioner requested a hearing…