Legal Opinion

Roth v. DiNapoli

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

Decided April 11, 2013PublishedCited by 9 opinions

1Opinion of the CourtRose, J.

Froceeding pursuant to CFLR 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.

While on duty as a police officer, petitioner received a call of a larceny in progress at a local department store. He responded to the scene where he observed the suspect fleeing on a bicycle and then on foot. Fetitioner left his vehicle and began chasing the suspect through a wooded area. When he observed the suspect jump over a ravine, he decided…

2Cases cited10 opinions

  1. Murphy v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Welsh v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2009
  3. Franks v. New York State & Local Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2008
  4. Melendez v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2008
  5. Penkalski v. McCallAppellate Division of the Supreme Court of the State of New York · 2002

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3Cited by9 opinions

  1. Rodriquez v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2013
  2. Fiducia v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2013
  3. Matter of Castellano v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2021
  4. Matter of Sica v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
  5. Matter of Kelly v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016

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