Legal Opinion

Matter of Whipple v. New York State and Local Retirement System

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

Decided March 26, 2015No. 519373PublishedCited by 7 opinions

1Opinion of the Court

McCarthy, J.P.

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.

Petitioner, a highway maintenance worker for the Depart ment of Transportation, was involved in a work-related accident on April 11, 2005 when sand was dropped on his head. In 2007, petitioner applied for accidental disability retirement benefits, asserting that he was permanently incapacitated as a result of the injuries…

2Cases cited2 opinions

  1. Shea v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2014
  2. Murray v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by7 opinions

  1. Matter of Chomicki v. NitidoAppellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Arroyo v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2021
  3. Matter of Lenci v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2022
  4. Matter of Mallay v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2023
  5. Matter of Hanon v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2019

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