Legal Opinion

McCabe v. Hevesi

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

Decided March 8, 2007PublishedCited by 16 opinions

1Opinion of the CourtMugglin, 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.

Petitioner, a police officer, while searching a split-level private residence for a possible intruder, injured his lower back and right knee when he stumbled down a set of stairs leading to the lowest level of the residence. Petitioner testified that he stumbled because the edge of the landing protruded about three inches over the first step and this…

2Cases cited7 opinions

  1. Lichtenstein v. Board of TrusteesNew York Court of Appeals · 1982
  2. Arthur A. Johnson Corp. v. Indemnity Insurance Co. of North AmericaNew York Court of Appeals · 1959
  3. Arthur A. Johnson Corp. v. Indemnity InsuranceAppellate Division of the Supreme Court of the State of New York · 1958
  4. Lucian v. McCallAppellate Division of the Supreme Court of the State of New York · 2004
  5. Hamilton v. HevesiAppellate Division of the Supreme Court of the State of New York · 2006

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

3Cited by16 opinions

  1. Sweeney v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2011
  2. Zuckerberg v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2007
  3. Brennan v. New York State & Local Employees Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2008
  4. Fischer v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2007
  5. Quigley v. HevesiAppellate Division of the Supreme Court of the State of New York · 2008

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

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