Legal Opinion

Byrne v. DiNapoli

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

Decided June 30, 2011PublishedCited by 11 opinions

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

Petitioner, a firefighter, took regular service retirement in 2005 and was thereafter diagnosed with prostate cancer. He underwent surgery to remove the cancer and required no further treatment. Petitioner then applied for accidental and per*1531formance of duty disability retirement benefits alleging that he had…

2Cases cited3 opinions

  1. Eddie v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2010
  2. Kosilla v. HevesiAppellate Division of the Supreme Court of the State of New York · 2006
  3. Meluch v. New York State & Local Police & Fire Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by11 opinions

  1. Capraro v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2012
  2. Carroll v. DinapoliAppellate Division of the Supreme Court of the State of New York · 2012
  3. Matter of Gonzalez v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2015
  4. Pellittiere v. New York State & Local Police & Fire Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2014
  5. Carroll v. DinapoliAppellate Division of the Supreme Court of the State of New York · 2012

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