Legal Opinion
Boncimino v. New York State Comptroller
Appellate Division of the Supreme Court of the State of New York
Decided February 11, 2015Published
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 respondent Comptroller which denied petitioner’s application for accidental disability retirement benefits.
On April 14, 2009, petitioner, a court officer, injured his left knee while attempting to restrain an unruly criminal defendant who was “running around the courtroom.” On January 20, 2010, petitioner again injured his left knee while trying to subdue a defendant who was threatening to attack an individual in the court waiting room. He…
2Cases cited5 opinions
- Welsh v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2009
- Wise v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2007
- Kilbride v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2012
- Claim of Rykala v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2012
- Fulton v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2014