Legal Opinion

Matter of Magistro v. DiNapoli

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

Decided August 25, 2016No. 522428PublishedCited by 7 opinions

1Opinion of the CourtMulvey, 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 denying petitioner’s application for accidental disability retirement benefits.

Petitioner worked as a police officer for the City of Pough-keepsie Police Department. On the morning of December 1, 2010, he was dispatched to a residence where a burglary had occurred. Upon his arrival, he spoke to the homeowner, documented items that were missing and inspected the residence for possible entry points and crime scene evidence. He went to…

2Cases cited9 opinions

  1. Lichtenstein v. Board of TrusteesNew York Court of Appeals · 1982
  2. Matter of Schoales v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2015
  3. Bennett v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2014
  4. Cavallo v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2014
  5. Assmann v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2012

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3Cited by7 opinions

  1. Matter of Somuk v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Manning v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Kowal v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of Schemmer v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2021
  5. Matter of Kowal v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016

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