Legal Opinion

McAuliffe v. DiNapoli

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

Decided April 28, 2011PublishedCited by 1 opinion

1Opinion of the CourtKavanagh, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, *1367entered in Albany County) to review a determination of respondent which, among other things, denied petitioner’s application for performance of duty disability retirement benefits.

Petitioner was employed as a criminal investigator for the Westchester County District Attorney. He suffered a myocardial infarction in 1997 and, as is relevant here, applied for performance of duty disability retirement benefits in 2006 (see Retirement and Social Security Law §§ 63-e, 63-f). The New York State and Local…

2Cases cited5 opinions

  1. McComb v. ReganAppellate Division of the Supreme Court of the State of New York · 1992
  2. Rivera v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2010
  3. Tucker v. McCallAppellate Division of the Supreme Court of the State of New York · 1999
  4. Feldon v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2010
  5. Nerney v. New York State Policemen's & Firemen's Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by1 opinion

  1. Steinberg v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2012

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