Legal Opinion

Robinson v. New York State & Local Police & Fire Retirement System

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

Decided April 22, 1993PublishedCited by 5 opinions

1Opinion of the CourtYesawich Jr., 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 the Comptroller which denied petitioner’s applications for accidental and performance of duty disability retirement benefits.

To be eligible for accidental or performance of duty disability retirement benefits, the employee’s incapacitation must be the natural and proximate result of an accident or disability sustained while in service (see, Retirement and Social Security Law § 363 [a] [1]; § 363-c [b] [1]). In our view, there is substantial…

2Cases cited3 opinions

  1. Marino v. ReganAppellate Division of the Supreme Court of the State of New York · 1986
  2. Martinson v. ReganAppellate Division of the Supreme Court of the State of New York · 1991
  3. Ramsden v. ReganAppellate Division of the Supreme Court of the State of New York · 1982

3Cited by5 opinions

  1. Economico v. New York State & Local Police & Fire Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2004
  2. Curtis v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2001
  3. Arimento v. McCallAppellate Division of the Supreme Court of the State of New York · 1995
  4. Cossifos v. New York State & Local Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2000
  5. The Matter of Rosa Rizzo v. Thomas P. DiNapoliNew York Court of Appeals · 2022

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