Search for: "State v. Dinapoli"
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11 May 2022, 4:00 am
DiNapoli, as State Comptroller, Respondent. [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]
20 Jul 2010, 4:05 am
Having obtain the relief sought on the basis of one of several arguments further appeal is precluded as the individual is no longer an aggrieved partyHoover v DiNapoli, 2010 NY Slip Op 06127, Decided on July 15, 2010, Appellate Division, Third DepartmentDavid A. [read post]
1 Apr 2021, 12:59 pm
Matter of Paul Mazzotte v Thomas DiNapoli, as State Comptroller Petitioner was a correction officer for over 20 years. [read post]
16 Aug 2012, 3:30 am
Payments in contemplation of retirement excluded in determining an individual’s final average salary for purposes of retirement Franks v DiNapoli, 53 AD3d 897 The Employees’ Retirement System member commenced service with the Town and served as its police chief from 1996 until his retirement in 2002. [read post]
11 May 2022, 4:00 am
DiNapoli, as State Comptroller, Respondent. [read post]
11 May 2022, 4:00 am
DiNapoli, as State Comptroller, Respondent. [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]
9 Jan 2016, 5:22 am
Theft of State Pension BenefitsNew York State Comptroller Thomas P. [read post]
2 Jun 2008, 12:00 am
Application for retroactive credit/membership in the NYS Employees' Retirement System based on uncompensated service rejectedMatter of Bernard Carabello v DiNapoli, 2008 NY Slip Op 04815, Decided on May 29, 2008, Appellate Division, Third Department Bernard Carabello was a resident of the former Willowbrook State School. [read post]
3 Dec 2007, 1:37 am
DiNapoli, 2007 N.Y. [read post]
26 May 2009, 4:10 am
Resolving disputes involving the payment of a New York State Employees' Retirement System member's death benefit to a beneficiaryRice v Dinapoli, 2009 NY Slip Op 50979(U), Decided on May 21, 2009, Supreme Court, Albany County, Judge Joseph C. [read post]
1 Dec 2008, 12:10 pm
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 contraryMatter of Lawless v DiNapoli, 2008 NY Slip Op 09335, decided on November 26, 2008, Appellate Division, Third DepartmentRobert E. [read post]
21 Nov 2022, 5:00 am
Citing Matter of Bohack v DiNapoli, 197 AD3d 1384, the Appellate Division noted that Petitioner "bore the burden of establishing that his disability arose from an accident within the meaning of the Retirement and Social Security Law"*and Respondent's determination in this regard will be sustained "if supported by substantial evidence. [read post]
21 Nov 2022, 5:00 am
Citing Matter of Bohack v DiNapoli, 197 AD3d 1384, the Appellate Division noted that Petitioner "bore the burden of establishing that his disability arose from an accident within the meaning of the Retirement and Social Security Law"*and Respondent's determination in this regard will be sustained "if supported by substantial evidence. [read post]
13 Jul 2012, 4:47 am
Slipping and falling as the result of an undetectable unknown substance on road constitutes an accident within the meaning of the Retirement and Social Security Law Sammon v DiNapoli, 2012 NY Slip Op 05587, Appellate Division, Third Department City of Yonkers Firefighter Michael M. [read post]
23 Dec 2008, 11:13 am
The Appellate Division considered such "wearing two hats at the same time" in Holbrook v Rockland Co, 260 A.D.2d 437, and Nemani v United Health Services, Inc., 170 AD2d 782. [read post]
19 Aug 2016, 4:00 am
”In Matter of D'Agostino v DiNapoli, 24 Misc 3d 1090, one of the relatively few State court decisions that consider the extent of the protections provided by Article V, §7 of New York State Constitution's, the court said that Article V, §7 “merely provides that retirement system benefits are contractual in nature and may not be impaired or diminished by state action. [read post]
