Legal Opinion

Dzwielewski v. McCall

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

Decided November 9, 2000PublishedCited by 11 opinions

1Opinion of the Court

—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 filed an application for accidental disability retirement benefits alleging that he was permanently incapacitated from performing his duties as a nurse supervisor due to a June 15, 1994 incident whereby a psychiatric patient attempted to assault him when he tried to administer medication to her. According to petitioner, the patient lunged…

2Cases cited4 opinions

  1. O'Donnell v. New York State & Local Retirement SystemsAppellate Division of the Supreme Court of the State of New York · 1998
  2. Butler v. McCallAppellate Division of the Supreme Court of the State of New York · 1998
  3. Vladick v. McCallAppellate Division of the Supreme Court of the State of New York · 1998
  4. Roach v. McCallAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by11 opinions

  1. Welsh v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2009
  2. Carpiniello v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
  3. Davenport v. McCallAppellate Division of the Supreme Court of the State of New York · 2004
  4. Roth v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2013
  5. Carpenter v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2013

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