Opinion
2011-09-29
In the Matter of Eugene PIERCE, Petitioner,v.Kevin F. MURRAY, as Deputy State Comptroller, Respondent.
Baker, Leshko, Saline & Blosser, White Plains (Anthony C. Saline of counsel), for petitioner.Eric T. Schneiderman, Attorney General, Albany (William Storrs of counsel), for respondent.Before: MERCURE, J.P., PETERS, STEIN, GARRY and EGAN JR., JJ.
PETERS, J.
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 the Comptroller which denied petitioner's applications for accidental and performance of duty disability retirement benefits.
Petitioner, a police officer, applied for accidental and performance of duty disability retirement benefits based upon injuries to his back, neck and left knee sustained in a work-related car accident. Thereafter, petitioner filed additional applications for accidental and performance of duty disability retirement benefits, based upon the same physical injuries as well as posttraumatic stress disorder and depression. Petitioner's applications were initially denied and petitioner sought a hearing and redetermination. The Hearing Officer denied petitioner's applications, finding that petitioner is not physically permanently disabled from performing his duties as a police officer. Upon review, the Comptroller affirmed, prompting petitioner to commence this proceeding.
The determination fails to set forth findings with regard to petitioner's claimed incapacity due to his psychiatric condition. This failure prevents us from conducting an adequate review of the determination ( see Matter of Mazzotte v. DiNapoli, 70 A.D.3d 1233, 1234, 894 N.Y.S.2d 584 [2010]; Matter of Cantone v. DiNapoli, 50 A.D.3d 1307, 1307, 855 N.Y.S.2d 728 [2008] ). Accordingly, as respondent has acknowledged, the determination must be annulled and the matter remitted for further administrative proceedings.
ADJUDGED that the determination is annulled, without costs, and matter remitted to the Comptroller for further proceedings not inconsistent with this Court's decision.
MERCURE, J.P., STEIN, GARRY and EGAN JR., JJ., concur.