Legal Opinion

Kossifos 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

Peters, J.E

We confirm. It is uncontroverted that petitioner is permanently disabled from performing the duties of a correction officer. Accordingly, in order to be entitled to performance of duty disability retirement benefits, petitioner must demonstrate that his disablement was “the natural and proximate result of an injury, sustained in the performance or discharge of his . . . duties by, or as the natural and proximate result of any act of any inmate” (Retirement and Social Security Law § 607-c [a]). To that end, petitioner submitted the medical report of Win Chang, a treating physician,…

2Cases cited4 opinions

  1. Gatewood v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2009
  2. Wilkinson v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
  3. Fochi v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2010
  4. Kaufman v. MurrayAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by10 opinions

  1. Cantelmo v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Pennachio v. DinapoliAppellate Division of the Supreme Court of the State of New York · 2012
  3. Marello v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2013
  4. Matter of Donley v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2017
  5. Matter of Harder v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2023

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