Legal Opinion
Matter of Mace v. DiNapoli
Appellate Division of the Supreme Court of the State of New York
Decided March 17, 2016No. 521239PublishedCited by 4 opinions
1Opinion of the Court
Garry, J.P.
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 denying petitioner’s application for accidental disability retirement benefits.
Petitioner, a motor equipment mechanic with the Department of Transportation, sustained a disabling injury when, in the process of clearing snow from vehicles in the work bay and shoveling that snow over floor drains to melt, the shovel he was using caught on a floor drain and abruptly stopped his momentum causing pain in his back.…
2Cases cited4 opinions
- Matter of Schoales v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2015
- Hunce v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2013
- Little v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
- Hyland v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2014
3Cited by4 opinions
- Matter of Fanning v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Ryan v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Larivey v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2019
- Matter of Selke v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2019