Legal Opinion

Fragale v. Diane D'Alessandro

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

Decided October 7, 2008PublishedCited by 5 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to review a determination of the New York City Employees’ Retirement System dated September 15, 2006, denying the petitioner’s application for an accidental disability retirement pension, the petitioner appeals from a judgment of the Supreme Court, Kings County (Partnow, J.), dated October 2, 2007, which denied the petition and, in effect, dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The petitioner, a Sanitation Supervisor with the New York City Department of Sanitation (hereinafter the Sanitation Department), injured…

2Cases cited7 opinions

  1. Borenstein v. New York City Employees' Retirement SystemNew York Court of Appeals · 1996
  2. Canfora v. Board of Trustees of the Police Pension FundNew York Court of Appeals · 1983
  3. MATTER OF STARNELLA v. BrattonNew York Court of Appeals · 1998
  4. Dalton v. KellyAppellate Division of the Supreme Court of the State of New York · 2005
  5. Ambery v. Board of Trustees of New York City Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 2002

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

3Cited by5 opinions

  1. Matter of Hernandez v. New York City Employees' Retirement Sys.Appellate Division of the Supreme Court of the State of New York · 2017
  2. Leary v. New York City Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2009
  3. Matter of Jones v. New York City Employees' Retirement Sys.Appellate Division of the Supreme Court of the State of New York · 2016
  4. Cravotta v. New York City Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2011
  5. Matter of Hernandez v. New York City Employees' Retirement Sys.Appellate Division of the Supreme Court of the State of New York · 2026

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