Legal Opinion
Ferris v. DiNapoli
Appellate Division of the Supreme Court of the State of New York
Decided February 9, 2012PublishedCited by 10 opinions
1Opinion of the Court
Mercure, A.P.J.
We confirm. The New York State and Local Police and Fire Retirement System concedes that petitioner is permanently in*1080capacitated from performing the duties of a firefighter. Nonetheless, he is entitled to accidental or performance of duty disability retirement benefits only upon “demonstrating that he was incapacitated from the performance of duty as the natural and proximate result of an accident or disability sustained in service” (Matter of Feeney v DiNapoli, 68 AD3d 1425, 1426 [2009]; accord Matter of Micalizzi v DiNapoli, 81 AD3d 1067, 1067 [2011]). To that end, petitioner…
2Cases cited4 opinions
- Eddie v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2010
- Feeney v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2009
- Matthews v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2009
- Micalizzi v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by10 opinions
- Volpe v. MurrayAppellate Division of the Supreme Court of the State of New York · 2013
- Ripp v. New York State & Local Police & Fire Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2016
- Dunn v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2012
- Claim of Ortiz v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2012
- Claim of Ortiz v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2012
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