Sweeney v. New York State Comptroller
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLahtinen, J.
Petitioner, a police officer, injured his ankle when he slipped and fell on an icy patch while responding to a burglar alarm in January 2007. He submitted an application for accidental disability retirement benefits, which was denied. After a hearing, the Hearing Officer denied the application finding that the incident did not constitute an accident. Respondent Comptroller upheld the denial and this CPLR article 78 proceeding ensued.
Petitioner bears the burden of proving that his injury was an accident, and the Comptroller’s determination will be upheld if supported by substantial evidence…
2Cases cited10 opinions
- Lichtenstein v. Board of TrusteesNew York Court of Appeals · 1982
- MATTER OF KENNY v. DiNAPOLINew York Court of Appeals · 2008
- Kempkes v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
- Murray v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2011
- Coon v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by16 opinions
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- Roth v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2013
- Greco v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Castellano v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2021
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