Search for: "Dinapoli, Appeal of"
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12 Jul 2018, 4:00 am
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 not an… [read post]
2 Nov 2016, 5:30 am
A discrepancy between the contemporaneous incident reports and the applicant’s testimony at the subsequent hearing presents a credibility issue to be resolved by the hearing officerBevilacqua v DiNapoli, 2016 NY Slip Op 07077, Appellate Division, Third DepartmentPolice Captain Larry A. [read post]
26 Oct 2016, 7:30 am
”The Court of Appeals indicated that the record before it showed that:a. [read post]
25 Oct 2016, 8:00 am
Following a hearing, an Administrative Law Judge sustained the Department's determination and the Authority filed an administrative appeal. [read post]
12 Sep 2016, 7:30 am
” Citing DeMaio v DiNapoli, 137 AD3d 1545, the Appellate Division ruled that such a deficiency constituted an error of law and required annulment of the Comptroller’s determination. [read post]
19 Aug 2016, 4:00 am
”The Circuit Court of Appeals disagreed and affirmed the lower court’s ruling with respect to the forfeiture of assets and its designating Stevenson's contributions to the Retirement System a substitute asset for purposes of paying the $22,000 penalty imposed by the court. [read post]
25 Jul 2016, 4:00 am
If such an application is denied, the fire district or municipal corporation employing the firefighter may appeal that determination. [read post]
21 Jul 2016, 4:00 am
Membership in the NYS Employees’ Retirement System for 10 years is not necessarily the same as the member having 10 years of member service creditCaetano v DiNapoli, 2016 NY Slip Op 05222, Appellate Division, Third DepartmentSharon Caetano, an employee of the Erie County Board of Elections, experienced a “slip and fall” while at work. [read post]
18 Jul 2016, 4:00 am
In analyzing Sica’s appeal of the Comptroller’s decision, the Appellate Division said:[1] An applicant for accidental disability retirement benefits has the burden of establishing that the event producing the injury was an accident; and [2] The Comptroller's decision denying the application for accidental disability retirement benefits will be upheld where it is supported by substantial evidence. [read post]
26 May 2016, 4:00 am
”In contrast to the ruling in Traxler, in Palmateer v DiNapoli, 117 AD3d 1228 [motion for leave to appeal denied, 24 NY3d 901], the Appellate Division rejected a correction officer’s appeal of the denial of his application for duty disability retirement, holding that “[a]ny connection between his injuries and the inmate conduct here is too attenuated to form a basis for an award of performance of duty disability retirement benefits. [read post]
Selected reports issued by the Office of the State Comptroller during the week ending March 19, 2016
19 Mar 2016, 6:15 am
DiNapoli and Attorney General Eric T. [read post]
29 Jan 2016, 4:00 am
Additional member service credit in a public retirement system is not available to a retired public employee upon reemployment unless he or she discontinues receiving his or her retirement allowanceRegan v DiNapoli, 2016 NY Slip Op 00415, Appellate Division, Third DepartmentC. [read post]
15 Jan 2016, 4:09 am
The Appellate Division rejected Gilles’ appeal noting that “The relevant issues [in Gilles] are the same as in [its] recently decided case of Matter of Tamucci v DiNapoli (133 AD3d 960 [2015]), and, for the reasons set forth therein, [it] confirm” the Comptrollers decision.NYPPL’s summary of the Tamucci decision is posted on the Internet at http://publicpersonnellaw.blogspot.com/2015/11/overtime-paid-to-police-officer-for.htmlIn that posting it was noted… [read post]
9 Dec 2015, 4:00 am
The court said that as Gonzalez had not addressed the denial of his accidental disability application in his appeal brief, it was deemed abandoned. [read post]
30 Oct 2015, 6:47 am
DiNapoli said the company did not live up to a 2007 agreement with the Sheet Metal Workers’ National Pension Fund to provide an annual report disclosing policies for political contributions. [read post]
11 Dec 2014, 11:51 am
Demonstrating a constitutional claim of member service credits bars their prehearing removal and the cancellation of the individual's retirement application by the retirement system Kravitz v DiNapoli, 2014 NY Slip Op 08284, Appellate Division, Third DepartmentJay A Kravitz, a licensed physician, provided part-time professional services to four public school districts since the mid-1980s. [read post]
7 Oct 2014, 4:00 am
The “going and coming to work” rule may affect an injured employee’s eligibility for disability benefitsDreher v DiNapoli, 2014 NY Slip Op 06631, Appellate Division, Third DepartmentAmong Court Officer John P. [read post]
13 May 2014, 5:04 am
., P.C. v DiNapoli, 2014 NY Slip Op 03191, Court of AppealsAmong the patients treated by a physician and a medical group [Providers] were individuals insured by the Empire Plan, New York State's primary health benefit plan. [read post]
5 Mar 2014, 4:00 am
The Appellate Division explained that it had recently said that “[w]here professional services are involved, the absence of direct control is not dispositive of the existence of an employer-employee relationship," citing Mowry v DiNapoli, 111 AD3d 1117. [read post]
30 Dec 2013, 4:00 am
Supreme Court sustained the Comptroller's determination and the Association appealed.The Appellate Division affirmed the lower court’s ruling, explaining that the Association’s “reliance on the continued effect of the terms of the 2008-2009 CBA is unavailing in light of the recent decisions of the Court of Appeals expressly rejecting the application of the Triborough Amendment to the Tier 5 retirement legislation. [read post]
