Legal Opinion
McKinney v. McCall
Appellate Division of the Supreme Court of the State of New York
Decided April 1, 2004PublishedCited by 4 opinions
1Opinion of the CourtSpain, 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 respondent which denied petitioner’s application for disability retirement benefits.
*792Petitioner, a motor equipment operator for the Town of Ogden, Monroe County, injured his back and neck on November 29, 1994 while carrying a snow fence through a muddy field. Thereafter, he briefly returned to work to a janitorial position, but stopped working completely in February 1995 after experiencing pain in his back while emptying trash. He subsequently…
2Cases cited4 opinions
- Porter v. McCallAppellate Division of the Supreme Court of the State of New York · 2003
- Hall v. McCallAppellate Division of the Supreme Court of the State of New York · 2003
- Alund v. McCallAppellate Division of the Supreme Court of the State of New York · 2001
- Gaglianese v. New York State & Local Retirement SystemsAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by4 opinions
- Mainzer v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2008
- O'Halpin v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2004
- Velazquez v. New York State & Local Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2005
- Adam v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 2006