Legal Opinion

Quevedo v. Office of New York State Comptroller

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

Decided December 6, 2012Published

1Opinion of the CourtKavanagh, J.

Because petitioner had less than 10 years of service credit at the time he applied for disability retirement benefits, he was obliged to prove that his disability was “the natural and proximate result of an accident not caused by his own willful negligence sustained in the performance of his duties” (Retirement and Social Security Law § 605 [b] [3]; see Matter of Gonzalez v New York State & Local Employees’ Retirement Sys., 79 AD3d 1562, 1563 [2010]). The Comptroller’s determination on the issue of causal relationship will be upheld if supported by substantial evidence in the record and, in…

2Cases cited5 opinions

  1. MATTER OF YARBOUGH v. FrancoNew York Court of Appeals · 2000
  2. World Buddhist Ch'An Jing Center, Inc. v. SchoeberlAppellate Division of the Supreme Court of the State of New York · 2007
  3. Gonzalez v. New York State & Local Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2010
  4. Hilson v. HevesiAppellate Division of the Supreme Court of the State of New York · 2005
  5. Paront v. New York State Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1994

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API