Kelly v. DiNapoli
Court for the Trial of Impeachments and Correction of Errors
1Opinion of the CourtStein, J.
In these appeals, we are asked to determine whether petitioners, both first responders, established entitlement to accidental disability retirement benefits by demonstrating that they were incapacitated "as the natural and proximate result of an accident ... sustained in ... service" ( Retirement and Social Security Law § 363 [a] [1] ). Because petitioners did not demonstrate that their injuries were caused by sudden, unexpected events that were not risks inherent in their ordinary job duties, we conclude that neither petitioner established entitlement to the benefits sought. Therefore, we…
2Cases cited50 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- Lichtenstein v. Board of TrusteesNew York Court of Appeals · 1982
- People v. MartinNew York Court of Appeals · 1983
- Meyer v. Board of TrusteesNew York Court of Appeals · 1997
- Arthur A. Johnson Corp. v. Indemnity Insurance Co. of North AmericaNew York Court of Appeals · 1959
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3Cited by68 opinions
- Matter of Parry v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2020
- Kowal v. DiNapoliCourt for the Trial of Impeachments and Correction of Errors · 2018
- Matter of Como v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2022
- Matter of Rizzo v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2022
- Matter of Castellano v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2021
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