Legal Opinion

Rivera v. DiNapoli

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

Decided November 4, 2010PublishedCited by 10 opinions

1Opinion of the CourtKavanagh, 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 Comptroller which denied petitioner’s application for performance of duty disability retirement benefits.

Petitioner was a correction officer who, in 2004, suffered a myocardial infarction after falling ill while at work. When it was determined that he could not return to work on account of his resulting medical condition, petitioner applied for performance of duty disability retirement benefits (see Retirement and Social Security…

2Cases cited2 opinions

  1. Bryant v. HevesiAppellate Division of the Supreme Court of the State of New York · 2007
  2. Parcell v. Office of New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by10 opinions

  1. Walters v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
  2. Harrison v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
  3. Saddlemire v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
  4. Walsh v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
  5. Ferguson v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2014

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