Legal Opinion

Farruggio v. McCall

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

Decided December 21, 1995PublishedCited by 6 opinions

1Opinion of the Court

—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 re*926spondent which denied petitioner’s application for accidental disability retirement benefits.

Petitioner, a police lieutenant, injured his shoulder while attempting to open a sliding door to a closet located in his office. His claim for accidental disability retirement benefits was denied on the basis that his injury did not result from an "accident” within the meaning of Retirement and Social Security Law § 363. Petitioner asserts that this…

2Cases cited3 opinions

  1. McCambridge v. McGuireNew York Court of Appeals · 1984
  2. Seim v. ReganAppellate Division of the Supreme Court of the State of New York · 1993
  3. Esposito v. ReganAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by6 opinions

  1. Arcuri v. New York State & Local Retirement SystemsAppellate Division of the Supreme Court of the State of New York · 2002
  2. Talerico v. McCallAppellate Division of the Supreme Court of the State of New York · 1997
  3. Lopez v. McCallAppellate Division of the Supreme Court of the State of New York · 1997
  4. O'Keefe v. McCallAppellate Division of the Supreme Court of the State of New York · 2001
  5. Farley v. McCallAppellate Division of the Supreme Court of the State of New York · 1997

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