Legal Opinion
Batista v. New York State Comptroller
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 2008Published
1Opinion of the CourtPeters, 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 by respondent Comptroller which denied petitioner’s application for accidental disability retirement benefits.
Petitioner, a police sergeant employed by the Port Authority of New York and New Jersey, investigated a radiation alarm located within the Lincoln Tunnel. He then ascended up a five-step stairway to inform his supervisor of his findings. Upon descending the stairway, he slipped on the second step, fell down the stairs and was injured.…
2Cases cited19 opinions
- Lichtenstein v. Board of TrusteesNew York Court of Appeals · 1982
- Arthur A. Johnson Corp. v. Indemnity Insurance Co. of North AmericaNew York Court of Appeals · 1959
- Arthur A. Johnson Corp. v. Indemnity InsuranceAppellate Division of the Supreme Court of the State of New York · 1958
- Richardson v. Rotterdam Square MallAppellate Division of the Supreme Court of the State of New York · 2001
- Cadiz v. McCallAppellate Division of the Supreme Court of the State of New York · 1997
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