Legal Opinion
Capparella v. McCall
Appellate Division of the Supreme Court of the State of New York
Decided May 6, 2004PublishedCited by 9 opinions
1Opinion of the CourtMugglin, 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 performance of duty disability retirement benefits.
On December 12, 1999, petitioner, a sergeant with the Village of Dobbs Ferry Police Department in Westchester County, was checking the equipment in his patrol car. As part of that check, petitioner had to lift a portable oxygen unit out of the car’s trunk. The unit was caught on a first aid kit, however, and as petitioner attempted to lift…
2Cases cited2 opinions
- Davenport v. McCallAppellate Division of the Supreme Court of the State of New York · 2004
- Pennetta v. McCallAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by9 opinions
- Hulse v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2010
- Rolandelli v. HevesiAppellate Division of the Supreme Court of the State of New York · 2006
- Swack v. HevesiAppellate Division of the Supreme Court of the State of New York · 2006
- Varriano v. HevesiAppellate Division of the Supreme Court of the State of New York · 2007
- Schine v. HevesiAppellate Division of the Supreme Court of the State of New York · 2007
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