Legal Opinion
Jonigan v. McCall
Appellate Division of the Supreme Court of the State of New York
Decided February 28, 2002PublishedCited by 13 opinions
1Opinion of the Court
—Mugglin, 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 respondent which denied petitioner’s application for accidental disability retirement benefits.
Petitioner’s sole argument is that the Comptroller’s denial of his application for accidental disability retirement benefits was affected by an error of law. Specifically, petitioner asserts that his slip and fall in a prison corridor was an accident as a matter of law.
For purposes of accidental retirement disability, an accident is a “…
2Cases cited5 opinions
- Lichtenstein v. Board of TrusteesNew York Court of Appeals · 1982
- Arthur A. Johnson Corp. v. Indemnity Insurance Co. of North AmericaNew York Court of Appeals · 1959
- McCambridge v. McGuireNew York Court of Appeals · 1984
- Arthur A. Johnson Corp. v. Indemnity InsuranceAppellate Division of the Supreme Court of the State of New York · 1958
- Mariuz v. McCallAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by13 opinions
- Avery v. McCallAppellate Division of the Supreme Court of the State of New York · 2003
- Lucian v. McCallAppellate Division of the Supreme Court of the State of New York · 2004
- Mruczek v. McCallAppellate Division of the Supreme Court of the State of New York · 2002
- Flynn v. HevesiAppellate Division of the Supreme Court of the State of New York · 2003
- Wright v. HevesiAppellate Division of the Supreme Court of the State of New York · 2007
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