Legal Opinion

Carrella v. Dinapoli

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

Decided September 27, 2012PublishedCited by 3 opinions

1Opinion of the CourtMcCarthy, 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 which denied petitioner’s application for accidental disability retirement benefits.

During his employment as a firefighter, petitioner was dispatched to assist a man who had collapsed in his bathroom. While tending to the victim, petitioner apparently slipped on urine on the bathroom floor, which caused the victim’s body to fall on petitioner’s right leg, injuring his knee. Petitioner’s application for accidental disability…

2Cases cited5 opinions

  1. Lichtenstein v. Board of TrusteesNew York Court of Appeals · 1982
  2. Murray v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2011
  3. Coon v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2006
  4. Sweeney v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2011
  5. Lucian v. McCallAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by3 opinions

  1. Cavallo v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2014
  2. Matter of Schultz v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
  3. Cavallo v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2014

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