Legal Opinion

Emerson v. DiNapoli

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

Decided April 15, 2010PublishedCited by 5 opinions

1Opinion of the CourtMcCarthy, 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 applications for accidental and performance of duty disability retirement benefits.

Petitioner was employed as a police officer. In one particular incident in April 1997, while petitioner was working undercover investigating drug dealers who were also suspected of raping women, she was apparently given a date rape drug, assaulted and almost raped by a target of the investigation. In September 2000,…

2Cases cited3 opinions

  1. Capparella v. McCallAppellate Division of the Supreme Court of the State of New York · 2004
  2. Schine v. HevesiAppellate Division of the Supreme Court of the State of New York · 2007
  3. Feeney v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by5 opinions

  1. Micalizzi v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
  2. Murray v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2010
  3. Ripp v. New York State & Local Police & Fire Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of Trager v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2020
  5. Ripp v. New York State & Local Police & Fire Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2016

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