Legal Opinion

Martone v. New York State Comptroller

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

Decided May 17, 2012Published

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.

Petitioner, a school security aid, sustained injuries to her knee and neck when she slipped and fell on an area of wet floor that had recently been mopped. She thereafter applied for accidental disability retirement benefits, which were ultimately denied by respondent Comptroller. Petitioner then commenced this CPLR article 78 proceeding…

2Cases cited2 opinions

  1. Stage v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
  2. Whipple v. New York State & Local Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2012

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