Search for: "Dinapoli, Appeal of"
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27 Feb 2024, 6:00 am
DiNapoli said. [read post]
27 Feb 2024, 6:00 am
DiNapoli said. [read post]
7 Nov 2023, 6:00 am
Fund appealed Supreme Court's ruling and the Appellate Division unanimously reversed the lower court's decision "on the law, without costs," and dismissed the proceeding brought pursuant to CPLR Article 78. [read post]
7 Nov 2023, 6:00 am
Fund appealed Supreme Court's ruling and the Appellate Division unanimously reversed the lower court's decision "on the law, without costs," and dismissed the proceeding brought pursuant to CPLR Article 78. [read post]
3 Nov 2023, 4:00 am
An injury that results from "the performance of ordinary employment duties and is a risk inherent in such job duties" is not considered accidental, noting the Appellate Division's decision in Matter of Walsh v DiNapoli, 214 AD3d 1282. [read post]
3 Nov 2023, 4:00 am
An injury that results from "the performance of ordinary employment duties and is a risk inherent in such job duties" is not considered accidental, noting the Appellate Division's decision in Matter of Walsh v DiNapoli, 214 AD3d 1282. [read post]
1 Sep 2023, 4:00 am
National/Federal A Lawmaker Hid One Key Fact as He Fought Checks on Gun Shops DNyuz – Glen Thrush (New York Times) | Published: 8/25/2023 Rep. [read post]
27 Jun 2023, 6:00 am
Addressing the merits of Plaintiff's appeal, the Appellate Division noted that "[t]he comptroller is charged with the responsibility of determining service credits for retirement purposes and [the] determination will be upheld if rational and supported by substantial evidence", citing Matter of Rispoli v DiNapoli, 180 AD3d 1127. [read post]
27 Jun 2023, 6:00 am
Addressing the merits of Plaintiff's appeal, the Appellate Division noted that "[t]he comptroller is charged with the responsibility of determining service credits for retirement purposes and [the] determination will be upheld if rational and supported by substantial evidence", citing Matter of Rispoli v DiNapoli, 180 AD3d 1127. [read post]
23 May 2023, 9:00 pm
" Applying the "inherent risk" principles set out by the Court of Appeals in Kelly v DiNapoli, 30 NY3d 674 and applied in Matter of Kowal v DiNapoli, 145 AD3d 1152, the Appellate Division opined that the Comptroller's determination that the incident at issue "did not constitute an accident within the meaning of Retirement and Social Security Law §63-bb will not be disturbed. [read post]
23 May 2023, 9:00 pm
" Applying the "inherent risk" principles set out by the Court of Appeals in Kelly v DiNapoli, 30 NY3d 674 and applied in Matter of Kowal v DiNapoli, 145 AD3d 1152, the Appellate Division opined that the Comptroller's determination that the incident at issue "did not constitute an accident within the meaning of Retirement and Social Security Law §63-bb will not be disturbed. [read post]
21 Oct 2022, 5:30 am
The Comptroller sustained the hearing officer's findings and decision and the ALJ appealed. [read post]
21 Oct 2022, 5:30 am
The Comptroller sustained the hearing officer's findings and decision and the ALJ appealed. [read post]
27 Sep 2022, 6:00 am
See, also, Matter of Young v DiNapoli, posted on the Internet HERE, addressing similar issues. [read post]
27 Sep 2022, 6:00 am
See, also, Matter of Young v DiNapoli, posted on the Internet HERE, addressing similar issues. [read post]
11 May 2022, 4:00 am
Plaintiff appeals. [read post]
11 May 2022, 4:00 am
Plaintiff appeals. [read post]
11 May 2022, 4:00 am
Plaintiff appeals. [read post]
11 May 2022, 4:00 am
Plaintiff appeals. [read post]
4 Oct 2021, 5:03 am
II, 57 NY2d 1010, the Appellate Division, in the instant appeal challenging the denial of a firefighter's application for accidental disability retirement benefits, said that the Court of Appeals has defined an accident as "a sudden, fortuitous mischance, unexpected, out of the ordinary and injurious in impact. [read post]
