Legal Opinion

Tomita v. DiNapoli

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

Decided October 1, 2009PublishedCited by 9 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.

Petitioner, a police lieutenant employed by the City of Newburgh Police Department in Orange County, tripped on a curb in the department’s unlit parking lot and allegedly sustained disabling injuries. The incident occurred at ap*1072proximately 5:15 a.m. on October 26, 2004, immediately after petitioner parked his patrol car and prepared to go off-duty…

2Cases cited6 opinions

  1. Franks v. New York State & Local Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2008
  2. McCabe v. HevesiAppellate Division of the Supreme Court of the State of New York · 2007
  3. Brennan v. New York State & Local Employees Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2008
  4. Avery v. McCallAppellate Division of the Supreme Court of the State of New York · 2003
  5. Sinclair v. New York State & Local Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2007

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3Cited by9 opinions

  1. Ruggiero v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
  2. Bleeker v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2011
  3. Butrico v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2012
  4. Matter of Washington v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
  5. Butrico v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2012

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