Legal Opinion

Franks v. New York State & Local Retirement System

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

Decided January 17, 2008PublishedCited by 18 opinions

1Opinion of the CourtKavanagh, 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.

On February 11, 1999, petitioner, a police officer employed by the City of Yonkers in Westchester County, responded to an alarm regarding an armed robbery. Looking for the suspect, petitioner and his partner went to an abandoned motel which was in the process of being demolished. Approaching the motel, petitioner walked up the sidewalk, a…

2Cases cited12 opinions

  1. Lichtenstein v. Board of TrusteesNew York Court of Appeals · 1982
  2. Coon v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2006
  3. Penkalski v. McCallAppellate Division of the Supreme Court of the State of New York · 2002
  4. Avery v. McCallAppellate Division of the Supreme Court of the State of New York · 2003
  5. Fischer v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2007

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3Cited by18 opinions

  1. Ruggiero v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
  2. Kempkes v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
  3. Melendez v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2008
  4. Carducci v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2010
  5. Brennan v. New York State & Local Employees Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2008

13 more not listed; retrieve them via the Exa API.

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