Legal Opinion

O'Shei v. Hevesi

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

Decided February 2, 2006PublishedCited by 5 opinions

1Opinion of the CourtCarpinello, 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 respondent which denied petitioner’s application for accidental disability retirement benefits.

Petitioner, a patrol lieutenant for the City of Buffalo Police Department, was injured when he sat on a bench in the police locker room and it tipped over. As a result, petitioner applied for, and was denied, accidental disability retirement benefits. Petitioner subsequently requested a hearing at which the hearing officer found that the incident did…

2Cases cited7 opinions

  1. Lichtenstein v. Board of TrusteesNew York Court of Appeals · 1982
  2. Arthur A. Johnson Corp. v. Indemnity Insurance Co. of North AmericaNew York Court of Appeals · 1959
  3. Arthur A. Johnson Corp. v. Indemnity InsuranceAppellate Division of the Supreme Court of the State of New York · 1958
  4. Cadiz v. McCallAppellate Division of the Supreme Court of the State of New York · 1997
  5. Avery v. McCallAppellate Division of the Supreme Court of the State of New York · 2003

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. McCabe v. HevesiAppellate Division of the Supreme Court of the State of New York · 2007
  2. Hunce v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2013
  3. Stimpson v. HevesiAppellate Division of the Supreme Court of the State of New York · 2007
  4. Conkling v. HevesiAppellate Division of the Supreme Court of the State of New York · 2007
  5. Hunce v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2013

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