Legal Opinion
Perry v. DiNapoli
Appellate Division of the Supreme Court of the State of New York
Decided October 6, 2011PublishedCited by 7 opinions
1Opinion of the CourtMcCarthy, J.
Petitioner, a correction officer, allegedly sustained an injury when he tripped over a bucket while supervising two inmates mopping the locker room floor. Following a hearing, respondent Comptroller denied petitioner’s application for performance of duty disability retirement benefits (see Retirement and Social *1048Security Law § 607-c) on the ground that the injury was not caused by an act of an inmate. Thereafter, petitioner commenced this CPLR article 78 proceeding challenging that determination.
We confirm. In order to be entitled to performance of duty disability retirement benefits, a…
2Cases cited3 opinions
- Koziuk v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2010
- Esposito v. HevesiAppellate Division of the Supreme Court of the State of New York · 2006
- Escalera v. HevesiAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by7 opinions
- Matter of DeMaio v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Naughton v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2015
- Park v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2014
- Murray v. Town of N. CastleAppellate Division of the Supreme Court of the State of New York · 2022
- Park v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2014
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