Legal Opinion
Esposito v. Hevesi
Appellate Division of the Supreme Court of the State of New York
Decided June 1, 2006PublishedCited by 15 opinions
1Opinion of the CourtMugglin, 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 performance of duty disability retirement benefits.
Petitioner, a correction officer employed by the Department of Correctional Services, slipped on food on the floor of a cellblock and fell in December 1981, injuring his left knee. In October 1997, he injured his back while helping to lift an inmate who had fallen out of bed and who claimed to be unable to assist in lifting…
2Cases cited5 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- Ammann v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2004
- Mruczek v. McCallAppellate Division of the Supreme Court of the State of New York · 2002
- Dean v. McCallAppellate Division of the Supreme Court of the State of New York · 2000
- Ritsi v. HevesiAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by15 opinions
- Koziuk v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2010
- Zuckerberg v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2007
- Matter of DeMaio v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
- Stimmer v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2012
- Collins v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2008
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