Legal Opinion

Bombace v. Nitido

Appellate Division of the Supreme Court of the State of New York

Decided May 29, 2014PublishedCited by 5 opinions

1Opinion of the CourtGarry, 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 application for disability retirement benefits.

Petitioner was employed as a highway laborer by the Town of Eastchester when, in April 2007, he injured his back during the course of his employment. Unable to return to work, petitioner was terminated from his employment in May 2007. In June 2007, petitioner submitted a withdrawal application to the New York State and Local Retirement System, apparently…

2Cases cited7 opinions

  1. Grella v. HevesiAppellate Division of the Supreme Court of the State of New York · 2007
  2. Baker v. ReganNew York Court of Appeals · 1986
  3. Hession v. New York State & Local Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2005
  4. Baker v. ReganAppellate Division of the Supreme Court of the State of New York · 1986
  5. Mowry v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2013

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Matter of Westmoreland v. New York State and Local Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2015
  2. Matter of Clancy v. New York State Local Retirement Sys.Appellate Division of the Supreme Court of the State of New York · 2026
  3. Matter of Koenig v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of Schuyler v. New York State & Local Employees' Retirement Sys.Appellate Division of the Supreme Court of the State of New York · 2018
  5. Matter of Smith v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2018

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