Legal Opinion
Matter of Kelly v. DiNapoli
Appellate Division of the Supreme Court of the State of New York
Decided March 24, 2016No. 521498PublishedCited by 4 opinions
1Opinion of the Court
McCarthy, 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 denying petitioner’s application for accidental disability retirement benefits.
Petitioner, a police officer, injured his neck and shoulder while rescuing people trapped in a house due to damage caused by Hurricane Sandy. He thereafter applied for accidental disability retirement benefits and the application was denied on the ground that the incident did not constitute an accident within the meaning of the Retirement…
2Cases cited10 opinions
- Matter of Schoales v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2015
- Franks v. New York State & Local Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2008
- Matter of Dicioccio v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2015
- Bennett v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2014
- Scofield v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2015
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3Cited by4 opinions
- Kelly v. DiNapoliCourt for the Trial of Impeachments and Correction of Errors · 2018
- Matter of Somuk v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Sica v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Sica v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016