Legal Opinion

Matter of Witts v. DiNapoli

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

Decided March 17, 2016No. 521781PublishedCited by 7 opinions

1Opinion of the CourtDevine, 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 of respondent denying petitioner’s application for accidental disability retirement benefits.

Petitioner, a firefighter with the City of New Rochelle Fire Department since 1983, applied for accidental disability retirement benefits stemming from, as is relevant here, four incidents occurring on December 16, 1991, April 10, 2003, December 31, 2004 and September 2, 2009. Following a hearing, the Hearing Officer denied the application, concluding…

2Cases cited6 opinions

  1. MATTER OF KENNY v. DiNAPOLINew York Court of Appeals · 2008
  2. Matter of Schoales v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2015
  3. Matter of Dicioccio v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2015
  4. Cavallo v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2014
  5. Lassen v. HevesiAppellate Division of the Supreme Court of the State of New York · 2004

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3Cited by7 opinions

  1. Matter of Crone v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2022
  2. Matter of McGoey v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2021
  3. Matter of Kowal v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of Ryan v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
  5. Matter of Buckley v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2018

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