Legal Opinion

Penkalski v. McCall

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

Decided March 14, 2002PublishedCited by 16 opinions

1Opinion of the CourtRose, 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.

*736Petitioner, a police officer, sustained a disabling knee injury when he slipped and fell on wet grass while chasing a suspect. Ruling that petitioner did not sustain an accident within the meaning of the Retirement and Social Security Law, respondent denied petitioner’s application for accidental disability retirement benefits. In this CPLR article…

2Cases cited4 opinions

  1. McCambridge v. McGuireNew York Court of Appeals · 1984
  2. Minchak v. McCallAppellate Division of the Supreme Court of the State of New York · 1998
  3. O'Donnell v. New York State & Local Retirement SystemsAppellate Division of the Supreme Court of the State of New York · 1998
  4. Butler v. McCallAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by16 opinions

  1. Santorsola v. McCallAppellate Division of the Supreme Court of the State of New York · 2003
  2. Franks v. New York State & Local Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2008
  3. Melendez v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2008
  4. Mirrer v. HevesiAppellate Division of the Supreme Court of the State of New York · 2004
  5. Sweeney v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2011

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