Legal Opinion

Matter of Garbowski v. Nitido

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

Decided May 19, 2016No. 521860PublishedCited by 2 opinions

1Opinion of the CourtPeters, P.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 the Comptroller denying petitioner’s application for accidental disability retirement benefits.

Petitioner, a police officer, applied for accidental disability retirement benefits based upon injuries he allegedly suffered in work-related incidents that occurred in 1991, 1994, 1998, 2001, 2003, 2005 and 2010. The New York State and Local Police and Fire Retirement System denied the application on the ground that, although petitioner was found to…

2Cases cited10 opinions

  1. O'Brien v. HevesiAppellate Division of the Supreme Court of the State of New York · 2004
  2. Rodriquez v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2013
  3. Canner v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2012
  4. Fischer v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2007
  5. Rolon v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2009

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3Cited by2 opinions

  1. Matter of Portmore v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Lester v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2016

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