Legal Opinion

Sammon v. DiNapoli

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

Decided July 12, 2012Published

1Opinion of the CourtMalone Jr., J.

Petitioner, a 14-year veteran of the fire department in the City of Yonkers, Westchester County, was injured in August 2008 when, while exiting the fire truck to address an automobile fire, his foot gave way on a slippery spot on the ground and he fell. After the resulting injuries to his back and foot rendered him unable to continue with his employment, petitioner filed applications for performance of duty and accidental disability retirement benefits. Petitioner was granted performance of duty disability benefits but, following a hearing on whether the incident constituted an accident, his…

2Cases cited8 opinions

  1. Murphy v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2012
  2. MATTER OF PRATT v. ReganNew York Court of Appeals · 1986
  3. Ruggiero v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
  4. Avery v. McCallAppellate Division of the Supreme Court of the State of New York · 2003
  5. Tierney v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2011

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