Legal Opinion

Matter of Schoales v. DiNapoli

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

Decided October 29, 2015No. 519852PublishedCited by 23 opinions

1Opinion of the CourtDevine, 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 denying petitioner’s application for accidental disability retirement benefits.

Petitioner worked as a police sergeant in Rockland County for 15 years. He filed an application for accidental disability retirement benefits based upon two incidents, one on December 1, 2004 and the second on May 3, 2011. Petitioner’s application was denied on the basis that neither of the two incidents constituted an accident within the meaning of…

2Cases cited9 opinions

  1. MATTER OF KENNY v. DiNAPOLINew York Court of Appeals · 2008
  2. Murphy v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Ruggiero v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
  4. Matter of Dicioccio v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2015
  5. Sammon v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2012

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3Cited by23 opinions

  1. Matter of Lamb v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Caetano v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
  3. Matter of Magistro v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of Somuk v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
  5. Matter of Witts v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016

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