Legal Opinion

Rizzo v. McCall

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

Decided January 16, 2003Published

1Opinion of the CourtSpain, 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 for the City of Mount Vernon in Westchester County, injured his back on March 1, 1999 while moving a five-gallon pail filled with empty shell casings. Following a hearing, the Hearing Officer denied petitioner’s application for accidental disability retirement benefits, finding that the incident which caused petitioner’s…

2Cases cited8 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. McCambridge v. McGuireNew York Court of Appeals · 1984
  4. Arthur A. Johnson Corp. v. Indemnity InsuranceAppellate Division of the Supreme Court of the State of New York · 1958
  5. Arcuri v. New York State & Local Retirement SystemsAppellate Division of the Supreme Court of the State of New York · 2002

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