Legal Opinion
Resto v. New York City Housing Authority
Appellate Division of the Supreme Court of the State of New York
Decided January 6, 2005PublishedCited by 4 opinions
1Opinion of the Court
Carpinello, J. Appeal from a decision of the Workers’ Compensation Board, filed March 13, 2003, which ruled that claimant had voluntarily withdrawn from the labor market.
The factual finding by the Workers’ Compensation Board that claimant, formerly employed as a caretaker for the New York City Housing Authority, voluntarily withdrew from the labor market by retiring is supported by substantial evidence (see Matter of Yannucci v Consolidated Freightways, 6 AD3d 945, 946 [2004]). Although claimant suffered from a 1988 work-related injury to his ankle for which he received benefits, the record…
2Cases cited4 opinions
- Claim of Lombardi v. Brooklyn Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 2003
- Claim of Yannucci v. Consolidated FreightwaysAppellate Division of the Supreme Court of the State of New York · 2004
- Claim of Milby v. Consolidated EdisonAppellate Division of the Supreme Court of the State of New York · 2003
- Claim of Pikcilingis v. Macy'sAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by4 opinions
- Matter of Hunter v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2015
- Claim of Cohen v. New York City Department of Environmental ProtectionAppellate Division of the Supreme Court of the State of New York · 2005
- Claim of West v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Danussi v. Chateaugay A.S.A.C.T.C.Appellate Division of the Supreme Court of the State of New York · 2008