Search for: "State v. Dinapoli" Results 21 - 40 of 146
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24 Feb 2010, 9:59 am by Kevin Sheerin
Matter of Paul Mazzotte v Thomas DiNapoli, as State Comptroller Petitioner was a correction officer for over 20 years. [read post]
4 Jun 2010, 10:43 am by Kevin Sheerin
Matter of Philip Warshawky v Thomas DiNapoli, as State Comptroller In this Article 78 case, petitioner, a court officer, applied for accidental disability retirement benefits after suffering two heart attacks. [read post]
31 Mar 2010, 10:15 am by Kevin Sheerin
Matter of Tracy Wolak v Thomas DiNapoli, as State Comptroller This Article 78 proceeding was brought about to review a determination of the Comptroller denying petitioner’s application for accidental disability retirement benefits. [read post]
8 Oct 2009, 10:50 am by Kevin Sheerin
DiNapoli, as Comptroller of the State of New York Petitioner brought about this Article 78 appeal to review a determination denying his application for accidental disability benefits. [read post]
20 Jan 2009, 4:15 am
Legislature's enactment of a statute directing the State Comptroller to audit charter schools ConstitutionalMatter of New York Charter Schools Assn., Inc. v DiNapoli, 2009 NY Slip Op 00158, Decided on January 15, 2009, Appellate Division, Third DepartmentThe New York Charter Schools Association, objecting to being audited by the State Comptroller, filed an Article 78 petition seeking a declaratory judgment that legislation Article V, §1… [read post]
24 Feb 2010, 12:29 pm by Kevin Sheerin
Hulse v Thomas DiNapoli, as State Comptroller In 2001, petitioner, a 20-year old police officer for the Town of Ramapo Police Department, injured his back while lifting a large person to perform CPR. [read post]
1 Apr 2010, 9:37 am by Kevin Sheerin
Matter of Wayman Neely v Thomas DiNapoli, as State Comptroller Petitioner brought about this Article 78 appeal to review a determination of the Comptroller denying him his applications for accidental and performance of duty disability retirement benefits. [read post]
23 May 2023, 9:00 pm by Public Employment Law Press
" 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 by Public Employment Law Press
" 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]
7 Sep 2019, 7:00 am by Public Employment Law Press
New York State Comptroller Thomas Dinapoli issued the following audits and reports during the week ending September 6, 2019. [read post]
7 Jun 2010, 3:42 am
Copyright © 2010Matter of Richard Benedetto v Thomas DiNapoli, as State Comptroller [2010 NY Slip Op 04322]This Article 78 appeal was brought about to review a determination of the Comptroller denying petitioner his application for accidental disability retirement benefits. [read post]
12 Jul 2018, 4:00 am by Public Employment Law Press
Citing a recent decision by the Court of Appeals, Matter of Kelly v DiNapoli (30 NY3d 674, in which that court stated that "the requirement that a petitioner demonstrate that a condition was not readily observable in order to demonstrate an 'accident' is inconsistent with our prior case law," the Appellate Division annulled the Comptroller determination, explaining that "substantial evidence does not support the determination that the incident was… [read post]
19 Feb 2020, 4:00 am by Public Employment Law Press
As the Comptroller's determination — finding that Breslin was not permanently incapacitated from performing the duties of a light-duty assignment — is supported by substantial evidence, it will not be disturbed (see Matter of Sweeney v DiNapoli, 88 AD3d 1051, 1051 [2011]; Matter of Murray v New York State Comptroller, 84 AD3d 1681, 1682-1683 [2011]; Matter of Pascale v DiNapoli, 84 AD3d at 1680; Matter of Roache v… [read post]
18 Jun 2012, 5:00 am
Statutory presumption that an individual suffered a disease of the heart as a result of the performance of duty rebutted by medical evidence to the contrary Lawless v DiNapoli, 56 AD3d 1114 A member of the New York State Employees’ Retirement System [NYSERS] applied for performance of duty disability retirement benefits alleging that he was permanently incapacitated as the result of a heart attack he suffered approximately six months earlier. [read post]