Legal Opinion
Marello v. DiNapoli
Appellate Division of the Supreme Court of the State of New York
Decided November 14, 2013PublishedCited by 7 opinions
1Opinion of the CourtPeters, P.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 performance of duty disability retirement benefits.
In 2001, petitioner, a correction officer, injured his right shoulder in an altercation with an inmate. Following surgery on his shoulder, he returned to work without restrictions. He injured his right shoulder again in both 2005 and 2008, when objects that he was hanging on racks in the facility property room fell on him. In 2009,…
2Cases cited4 opinions
- Ashley v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2012
- Freund v. HevesiAppellate Division of the Supreme Court of the State of New York · 2006
- Kossifos v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2012
- Hunt v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by7 opinions
- Matter of Traxler v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Gonzalez v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2015
- Bates v. New York State & Local Police & Fire Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Molloy v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
- Bates v. New York State & Local Police & Fire Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2014
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