Legal Opinion

Di Guida v. McCall

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

Decided November 20, 1997PublishedCited 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 request for accidental and ordinary disability retirement benefits.

Petitioner, a food service worker, was injured when she fell on milk crates which were being used as stairs at the door of her assigned work place. The record establishes that the injury occurred at the end of petitioner’s shift as she was leaving for the day. In view of this, we find that substantial evidence supports respondent’s…

2Cases cited2 opinions

  1. Nappi v. ReganAppellate Division of the Supreme Court of the State of New York · 1992
  2. Martinson v. ReganAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by6 opinions

  1. Eckerson v. New York State & Local Retirement SystemsAppellate Division of the Supreme Court of the State of New York · 2000
  2. Waldron v. McCallAppellate Division of the Supreme Court of the State of New York · 2003
  3. Perez-Dunham v. McCallAppellate Division of the Supreme Court of the State of New York · 2001
  4. Mallory v. New York State & Local Employees Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1999
  5. De Gregorio ex rel. De Gregorio v. New York State & Local Employees' Retirement SystemsAppellate Division of the Supreme Court of the State of New York · 2001

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