Legal Opinion
Pommerville v. McCall
Appellate Division of the Supreme Court of the State of New York
Decided April 29, 2004PublishedCited by 5 opinions
1Opinion of the CourtPeters, 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 disability retirement benefits.
Petitioner was employed as an aide at a facility for developmentally disabled persons. On September 1, 1998, she observed a client sitting on the back of a couch, leaning in such a manner as to cause the couch to be tilted on its back legs. After petitioner repeatedly warned the client not to sit in that manner, he abruptly got up. The couch rocked back and…
2Cases cited8 opinions
- Lichtenstein v. Board of TrusteesNew York Court of Appeals · 1982
- Arthur A. Johnson Corp. v. Indemnity Insurance Co. of North AmericaNew York Court of Appeals · 1959
- Arthur A. Johnson Corp. v. Indemnity InsuranceAppellate Division of the Supreme Court of the State of New York · 1958
- Tuper v. McCallAppellate Division of the Supreme Court of the State of New York · 1999
- Jonigan v. McCallAppellate Division of the Supreme Court of the State of New York · 2002
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Matter of Schoales v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2015
- Hamilton v. HevesiAppellate Division of the Supreme Court of the State of New York · 2006
- Little v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
- Matter of Buono v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of City of Lackawanna v. NitidoAppellate Division of the Supreme Court of the State of New York · 2016