Legal Opinion

Kazmierczak v. McCall

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

Decided July 9, 1998PublishedCited by 8 opinions

1Opinion of the Court

—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 application for accidental disability retirement benefits.

In January 1994, petitioner was injured while checking runway conditions during the course of his employment as a senior groundsperson of the Greater Buffalo International Airport. The weather conditions were severe; it was 14 degrees with a wind chill temperature of 17 degrees below zero and it was snowing, with winds up to 23 miles…

2Cases cited5 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. Keller v. ReganAppellate Division of the Supreme Court of the State of New York · 1995
  5. Lisa v. McCallAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by8 opinions

  1. Coon v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2006
  2. Neidecker v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
  3. Flynn v. HevesiAppellate Division of the Supreme Court of the State of New York · 2003
  4. Michalczyk v. New York State & Local Retirement SystemsAppellate Division of the Supreme Court of the State of New York · 2001
  5. Mariuz v. McCallAppellate Division of the Supreme Court of the State of New York · 2001

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