Legal Opinion

Matter of Naughton v. DiNapoli

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

Decided March 12, 2015No. 519474PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Peters, P.J.

Petitioner, a correction officer, applied for performance of duty disability retirement benefits alleging that he was permanently incapacitated due to a work-related injury to his right knee. The application was initially denied and petitioner requested a hearing and redetermination. At the ensuing hearing, petitioner testified that he injured his knee while involved in a struggle to restrain an unruly inmate who had threatened another officer. According to petitioner’s testimony, he and the other officer were in the process of taking the inmate down to the…

2Cases cited11 opinions

  1. Koziuk v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2010
  2. Escalera v. HevesiAppellate Division of the Supreme Court of the State of New York · 2004
  3. Stimmer v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2012
  4. Palmateer v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2014
  5. Allesandro v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2009

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3Cited by9 opinions

  1. Matter of DeMaio v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Hernandez v. New York City Employees' Retirement Sys.Appellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Laurino v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2015
  4. Matter of Stevens v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2017
  5. Matter of White v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2017

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