Legal Opinion

Matter of McGarry v. DiNapoliI

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

Decided August 17, 2017No. 524480PublishedCited by 4 opinions

1Opinion of the CourtAarons, 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 denying petitioner’s application for performance of duty disability retirement benefits.

Petitioner, a firefighter, applied for performance of duty disability retirement benefits claiming that he was permanently incapacitated and unable to perform his regular job duties due to an injury to his back. The application was denied by the New York State and Local Police and Fire Retirement System, and petitioner requested a hearing and…

2Cases cited8 opinions

  1. Rolandelli v. HevesiAppellate Division of the Supreme Court of the State of New York · 2006
  2. Mondello v. BeekmanAppellate Division of the Supreme Court of the State of New York · 1980
  3. MATTER OF MONDELLO v. BeekmanNew York Court of Appeals · 1982
  4. Pavone v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2014
  5. Matter of Guadagnolo v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2015

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Matter of Diesel v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2020
  2. Matter of Agard v. GardnerAppellate Division of the Supreme Court of the State of New York · 2025
  3. Matter of Cuppek v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2025
  4. Matter of Habaibeh v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2024

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