Legal Opinion

Paeno v. McCall

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

Decided January 16, 1997PublishedCited by 5 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 Comptroller which denied petitioner’s applications for performance of duty disability retirement benefits and accidental disability retirement benefits.

In December 1990, petitioner, a firefighter, was injured while operating a miniloader to clear snow from the fire station premises where he worked. Immediately following the incident petitioner was able to continue work; however, shortly thereafter he underwent surgery for an…

2Cases cited4 opinions

  1. Keller v. ReganAppellate Division of the Supreme Court of the State of New York · 1995
  2. Longendyke v. ReganAppellate Division of the Supreme Court of the State of New York · 1993
  3. Leger v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 1995
  4. Fletcher v. McCallAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by5 opinions

  1. Achatz v. New York State & Local Police & Fire Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1997
  2. Zajdowicz v. New York State & Local Police & Fire Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1999
  3. Musilli v. New York State & Local Police & Fire Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2000
  4. Kilfoile v. McCallAppellate Division of the Supreme Court of the State of New York · 1997
  5. Damante v. McCallAppellate Division of the Supreme Court of the State of New York · 1997

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