Biro 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 applications for disability and performance of duty disability retirement benefits.

Petitioner, a correction officer, injured his right shoulder in an altercation with an inmate in October 2007. Although he returned to light duty shortly after the incident, he underwent shoulder surgery in January 2008 and never returned to work. In March 2008, petitioner applied for enhanced disability retirement benefits…