Legal Opinion
Fabiano v. Regan
Appellate Division of the Supreme Court of the State of New York
Decided May 6, 1982PublishedCited by 4 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 town patrolman, was injured March 24, 1978 while attempting to restrain an uncooperative suspect during an arrest. Respondent denied an application for accidental disability retirement upon the ground petitioner had not sustained an injury as a result of an accident within the meaning of section 63 of the Retirement…
2Cases cited6 opinions
- Berbenich v. ReganAppellate Division of the Supreme Court of the State of New York · 1981
- MATTER OF BERBENICH v. ReganNew York Court of Appeals · 1981
- Claim of Nazario v. New York State Department of CorrectionAppellate Division of the Supreme Court of the State of New York · 1982
- Cavarretta v. ReganAppellate Division of the Supreme Court of the State of New York · 1982
- Seeley v. New York State Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1982
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3Cited by4 opinions
- Finnegan v. ReganAppellate Division of the Supreme Court of the State of New York · 1986
- Edwards v. New York State & Local Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1990
- Silver-Smith v. New York State & Local Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2002
- Wilson v. ReganAppellate Division of the Supreme Court of the State of New York · 1983