Search for: "State v. Dinapoli"
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24 May 2024, 6:00 am
Stated differently, an accident is "a sudden, unexpected event that was not a risk inherent in the work performed" (Matter of Kowal v DiNapoli, 30 NY3d 1124, 1125 [2018]; Matter of Kelly v DiNapoli, 30 NY3d 674, 678, 682, 684-685 [2018]). [read post]
24 May 2024, 6:00 am
Stated differently, an accident is "a sudden, unexpected event that was not a risk inherent in the work performed" (Matter of Kowal v DiNapoli, 30 NY3d 1124, 1125 [2018]; Matter of Kelly v DiNapoli, 30 NY3d 674, 678, 682, 684-685 [2018]). [read post]
26 Mar 2024, 5:00 am
# # #DECISIONMatter of Cazzari v DiNapoli [read post]
29 Jan 2024, 6:00 am
* See Matter of DeFazio v DiNapoli, 211 AD3d 1254, and Matter of Frederick v New York State Comptroller, 204 AD3d 1292.** See Matter of Pirrone v Town of Wallkill, 6 AD3d 447, in which the Appellate Division addressed the recommendation of a hearing officer's finding that the individual was required to undergo spinal fusion surgery or forfeit General Municipal Law §207-c disability retirement benefits. [read post]
29 Jan 2024, 6:00 am
* See Matter of DeFazio v DiNapoli, 211 AD3d 1254, and Matter of Frederick v New York State Comptroller, 204 AD3d 1292.** See Matter of Pirrone v Town of Wallkill, 6 AD3d 447, in which the Appellate Division addressed the recommendation of a hearing officer's finding that the individual was required to undergo spinal fusion surgery or forfeit General Municipal Law §207-c disability retirement benefits. [read post]
29 Nov 2023, 6:00 am
However, said the court, citing Matter of Park v DiNapoli, 123 AD3d 1392; Matter of Walters v DiNapoli, 82 AD3d 1487; and Matter of Rivera v DiNapoli, 78 AD3d 1295, "the issue distills to whether the Retirement System successfully rebutted the heart presumption, which, in turn, required the Retirement System to demonstrate -- through expert medical proof -- that Petitioner's cardiac condition was caused by risk factors other than… [read post]
29 Nov 2023, 6:00 am
However, said the court, citing Matter of Park v DiNapoli, 123 AD3d 1392; Matter of Walters v DiNapoli, 82 AD3d 1487; and Matter of Rivera v DiNapoli, 78 AD3d 1295, "the issue distills to whether the Retirement System successfully rebutted the heart presumption, which, in turn, required the Retirement System to demonstrate -- through expert medical proof -- that Petitioner's cardiac condition was caused by risk factors other than… [read post]
27 Nov 2023, 6:00 am
The Comptroller adopted the Hearing Officer's decision.Petitioner then commenced this proceeding pursuant to CPLR Article 78 challenging the Comptroller's determination.Citing Matter of Bohlen v DiNapoli, 34 NY3d 434, the Appellate Division explained the "Comptroller is vested with exclusive authority to determine applications for retirement benefits and such determination, if supported by substantial evidence, must be upheld". [read post]
27 Nov 2023, 6:00 am
The Comptroller adopted the Hearing Officer's decision.Petitioner then commenced this proceeding pursuant to CPLR Article 78 challenging the Comptroller's determination.Citing Matter of Bohlen v DiNapoli, 34 NY3d 434, the Appellate Division explained the "Comptroller is vested with exclusive authority to determine applications for retirement benefits and such determination, if supported by substantial evidence, must be upheld". [read post]
7 Nov 2023, 6:00 am
The Appellate Division explained "[Firefighter's] injury was the result of an incidental — not accidental — event," referencing Matter of Kelly v DiNapoli, 30 NY3d 674, because Firefighter's injury was sustained while Firefighter was performing routine duties, not as a result of an unexpected event as the dehydration suffered by Firefighter while running in hot weather in heavy gear was a foreseeable risk of the firefighting training exercise. [read post]
7 Nov 2023, 6:00 am
The Appellate Division explained "[Firefighter's] injury was the result of an incidental — not accidental — event," referencing Matter of Kelly v DiNapoli, 30 NY3d 674, because Firefighter's injury was sustained while Firefighter was performing routine duties, not as a result of an unexpected event as the dehydration suffered by Firefighter while running in hot weather in heavy gear was a foreseeable risk of the firefighting training exercise. [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
The justices faced heightened security risks, Thomas noted, after the leak of the court’s majority opinion to overturn Roe v. [read post]
27 Jun 2023, 6:00 am
Employer advised the Office of the State Comptroller of Plaintiff's fraudulent time submissions. [read post]
27 Jun 2023, 6:00 am
Employer advised the Office of the State Comptroller of Plaintiff's fraudulent time submissions. [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]
9 May 2023, 6:00 am
Rather, said the Appellate Division, Comptroller's determination is supported by substantial evidence the injuries suffered by Petitioner were an inherent risk in Petitioner performing his duties as a police officer.* See Matter of Grall v DiNapoli, 196 AD3d 962.Click HERE to access the decision of the Appellate Division posted on the Internet. [read post]
9 May 2023, 6:00 am
Rather, said the Appellate Division, Comptroller's determination is supported by substantial evidence the injuries suffered by Petitioner were an inherent risk in Petitioner performing his duties as a police officer.* See Matter of Grall v DiNapoli, 196 AD3d 962.Click HERE to access the decision of the Appellate Division posted on the Internet. [read post]
