Legal Opinion

Merkle v. Levitt

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

Decided April 26, 1979PublishedCited by 9 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Comptroller which denied petitioner’s application for accidental disability retirement. Petitioner, a State trooper, injured his back while assisting in the removal of an injured accident victim from her vehicle. The Comptroller ruled that petitioner had not sustained an accident within the meaning of section 363 of the Retirement and Social Security Law and petitioner contends that the Comptroller erred in so ruling.…

2Cases cited4 opinions

  1. Croshier v. LevittNew York Court of Appeals · 1959
  2. Deos v. LevittAppellate Division of the Supreme Court of the State of New York · 1978
  3. Herrmann v. LevittAppellate Division of the Supreme Court of the State of New York · 1979
  4. Faulkner v. LevittAppellate Division of the Supreme Court of the State of New York · 1977

3Cited by9 opinions

  1. Sheehan v. ReganAppellate Division of the Supreme Court of the State of New York · 1981
  2. Edwards v. New York State & Local Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1990
  3. Esposito v. ReganAppellate Division of the Supreme Court of the State of New York · 1990
  4. Panek v. ReganAppellate Division of the Supreme Court of the State of New York · 1981
  5. Martinson v. ReganAppellate Division of the Supreme Court of the State of New York · 1991

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