Avery v. McCall
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, 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 which denied petitioner’s application for accidental disability retirement benefits.
Petitioner, a code enforcement officer for the Village of Rye Brook in Westchester County, was injured in August 2000 while accompanying the building inspector to the site of an oil tank installation. While descending a set of stairs composed of railroad ties, he slipped on an oily substance and fell, hitting his right elbow. Thereafter,…
2Cases cited8 opinions
- Lichtenstein v. Board of TrusteesNew York Court of Appeals · 1982
- Arthur A. Johnson Corp. v. Indemnity Insurance Co. of North AmericaNew York Court of Appeals · 1959
- Arthur A. Johnson Corp. v. Indemnity InsuranceAppellate Division of the Supreme Court of the State of New York · 1958
- Cadiz v. McCallAppellate Division of the Supreme Court of the State of New York · 1997
- Tuper v. McCallAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by13 opinions
- Kempkes v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
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- Franks v. New York State & Local Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2008
- Carducci v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2010
- Sammon v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2012
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