Legal Opinion
Kowal v. DiNapoli
Court for the Trial of Impeachments and Correction of Errors
Decided February 13, 2018No. 55 SSM 1PublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM:
***1124The judgment of the Appellate Division should be affirmed, with costs. Substantial evidence supports the determination ***1125denying petitioner's application for accidental disability retirement benefits. Respondent rationally determined that petitioner failed to establish that his injuries were caused by a sudden, unexpected event that was not a risk inherent in the work performed (see Matter of Kelly v. DiNapoli, 30 N.Y.3d 674, 685, 70 N.Y.S.3d 881, 94 N.E.3d 444, 2018 WL 828098 [decided today]; Matter of McCambridge v. McGuire, 62 N.Y.2d 563, 568, 479 N.Y.S.2d 171, 468…
2Cases cited3 opinions
- Lichtenstein v. Board of TrusteesNew York Court of Appeals · 1982
- McCambridge v. McGuireNew York Court of Appeals · 1984
- Kelly v. DiNapoliCourt for the Trial of Impeachments and Correction of Errors · 2018
3Cited by11 opinions
- Matter of Rizzo v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2022
- Matter of Harris v. New York State & Local Retirement Sys.Appellate Division of the Supreme Court of the State of New York · 2021
- Matter of Rawlins v. Teachers' Retirement Sys. of the City of N.Y.New York Court of Appeals · 2024
- Matter of Sammon v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2023
- Matter of Van Wyen v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2023
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