Legal Opinion
Silver-Smith v. New York State & Local Retirement System
Appellate Division of the Supreme Court of the State of New York
Decided October 17, 2002PublishedCited by 4 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 Comptroller which denied petitioner’s application for accidental disability retirement benefits.
Petitioner, a court officer, applied for accidental disability retirement benefits for an injury that he sustained immediately after physically restraining and removing an unruly prisoner from the courtroom where he was working. Respondent Comptroller denied petitioner’s application because the incident involved a risk inherent in…
2Cases cited8 opinions
- McCambridge v. McGuireNew York Court of Appeals · 1984
- Penkalski v. McCallAppellate Division of the Supreme Court of the State of New York · 2002
- Arcuri v. New York State & Local Retirement SystemsAppellate Division of the Supreme Court of the State of New York · 2002
- Jonigan v. McCallAppellate Division of the Supreme Court of the State of New York · 2002
- Michalczyk v. New York State & Local Retirement SystemsAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by4 opinions
- Claim of Rykala v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2012
- Ammann v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2004
- Matter of Kowal v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Kowal v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016