Legal Opinion
O'Brien v. DiNapoli
Appellate Division of the Supreme Court of the State of New York
Decided April 3, 2014Published
1Opinion of the CourtPeters, P.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 Comptroller which denied petitioner’s application for disability retirement benefits.
Petitioner is the widow of Richard O’Brien (hereinafter decedent), a State Trooper who died as a result of injuries sustained in a non-work-related accident on December 7, 2009. On that date, petitioner and decedent’s coworkers attempted to file an application for disability retirement benefits on decedent’s behalf. After many unsuccessful attempts…
2Cases cited8 opinions
- Lewandowski v. New York State & Local Police & Fire Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2010
- Schwartz v. McCallAppellate Division of the Supreme Court of the State of New York · 2002
- Morrissey v. New York State Employees' Retirement SystemNew York Court of Appeals · 1949
- Jarek v. McCallAppellate Division of the Supreme Court of the State of New York · 2000
- Blaisdell v. New York State Teachers' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1978
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