Legal Opinion

Jackson v. DiNapoli

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

Decided January 28, 2010Published

1Opinion of the CourtMcCarthy, J.

*1294Petitioner, a housekeeping supervisor, applied for ordinary disability retirement benefits in April 2004, six months after sustaining multiple injuries in an automobile accident. Following the initial disapproval of his application, petitioner requested a redetermination and hearings were held. A Hearing Officer subsequently denied petitioner’s application on the basis that he did not demonstrate that he was permanently incapacitated from the performance of his duties. Respondent Comptroller accepted the Hearing Officer’s findings, prompting this CPLR article 78 proceeding.

We confirm. As…

2Cases cited6 opinions

  1. Harko v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2007
  2. Stern v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2008
  3. Matthews v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2009
  4. Tracy v. New York State & Local Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2009
  5. Hammond-Timpano v. New York State & Local Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2009

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