Legal Opinion

Escalera v. Hevesi

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

Decided July 8, 2004PublishedCited by 14 opinions

1Opinion of the CourtRose, J.

Three proceedings pursuant to CPLR article 78 (transferred to this Court by three orders of the Supreme Court, entered in Albany County) to review three determinations of respondent which denied petitioners’ applications for performance of duty disability retirement benefits.

Petitioners are correction officers employed by the Westchester County Department of Corrections. As a result of the investigation of accusations of sexual misconduct made by female inmates against them, petitioners faced both criminal and disciplinary charges. After all charges resulted in acquittals or dismissals,…

2Cases cited3 opinions

  1. Whitehill v. New York State Teachers' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1988
  2. Matter of Whitehill v. New York State Teachers'ret. Sys.New York Court of Appeals · 1989
  3. McMorrow v. HevesiAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by14 opinions

  1. Koziuk v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2010
  2. Matter of Naughton v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2015
  3. Palmateer v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2014
  4. Allesandro v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2009
  5. Egiziaco v. Office of ComptrollerAppellate Division of the Supreme Court of the State of New York · 2005

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