Legal Opinion

Dooley v. McCall

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

Decided July 9, 1998PublishedCited by 6 opinions

1Opinion of the Court

—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 substitute groundskeeper for a public school district, was operating a leaf blower on a grassy area adjacent to a school parking lot when he lost his balance and fell off the parking lot curb. Respondent determined that petitioner did not suffer an “accident” within the meaning of the Retirement and Social Security Law and,…

2Cases cited3 opinions

  1. Minchak v. McCallAppellate Division of the Supreme Court of the State of New York · 1998
  2. Talerico v. McCallAppellate Division of the Supreme Court of the State of New York · 1997
  3. Gallello v. McCallAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by6 opinions

  1. Tomita v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2009
  2. Butrico v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Madonna v. New York State Police & Firemen Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1999
  4. Madonna v. New York State Police & Firemen Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1999
  5. Bergin v. McCallAppellate Division of the Supreme Court of the State of New York · 2001

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