McCambridge v. McGuire
New York Court of Appeals
POINTS OF COUNSEL Appellant has become disabled as a result of an accidental injury received in city service. {Matter of Lichtenstein v Board of Trustees, 57 NY2d 1010; Matter of Menna v New York City Employees’ Retirement System, 59 NY2d 696; Matter of Valentin v Board of Trustees, 59 NY2d 702; Matter of Shannon v Board of Trustees, 59 NY2d 852; Matter of Schussler v Codd, 59 NY2d 698; Matter of McManus v McGuire, 59 NY2d 853.) I. The denial of petitioner-appellant’s…
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POINTS OF COUNSEL Appellant has become disabled as a result of an accidental injury received in city service. {Matter of Lichtenstein v Board of Trustees, 57 NY2d 1010; Matter of Menna v New York City Employees’ Retirement System, 59 NY2d 696; Matter of Valentin v Board of Trustees, 59 NY2d 702; Matter of Shannon v Board of Trustees, 59 NY2d 852; Matter of Schussler v Codd, 59 NY2d 698; Matter of McManus v McGuire, 59 NY2d 853.) I. The denial of petitioner-appellant’s application for accident disability retirement was arbitrary and capricious since petitioner-appellant was disabled as the…
1Dissent
In reconsidering its decision, the Board should determine whether the injuries sustained by the petitioners were the result of a “ ‘sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact’”. (Matter of Lichtenstein v Board of Trustees, supra, at p 1012.) In applying this newly adopted standard of accidental injury to these cases, it is for the Board to say in the first instance from all the facts and circumstances present whether the injuries complained of here resulted from sudden, fortuitous mischances that were unexpected and out of the ordinary. To say, as…
2Cases cited2 opinions
- Covel v. New York State Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1981
- Meyer v. ReganAppellate Division of the Supreme Court of the State of New York · 1984