Legal Opinion

Matter of Lester v. New York State Comptroller

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

Decided October 6, 2016No. 522579PublishedCited by 4 opinions

1Opinion of the CourtRose, 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 denying petitioner’s application for accidental disability retirement benefits.

Petitioner, a police officer, applied for accidental disability retirement benefits following an incident in which he injured his right hand, index finger and shoulder while going over a three-foot-high chain link fence. The application was denied on the ground that the incident did not constitute an accident within the meaning of the…

2Cases cited5 opinions

  1. Matter of Schoales v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2015
  2. Fischer v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2007
  3. Rolon v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2009
  4. Hyland v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2014
  5. Matter of Garbowski v. NitidoAppellate Division of the Supreme Court of the State of New York · 2016

3Cited by4 opinions

  1. Matter of Mitchell v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Angelino v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2019
  3. Matter of Bodenmiller v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2018
  4. Stancarone v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2018

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