Search for: "Dinapoli, Appeal of"
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11 May 2022, 4:00 am
Plaintiff appeals. [read post]
11 May 2022, 4:00 am
Plaintiff appeals. [read post]
24 Oct 2018, 6:00 am
Officer appealed the Comptroller's determination.The Appellate Division noted that Officer was [1] required to establish that the alleged incapacity was "the natural and proximate result of any act of any inmate" and [2] had to demonstrate that Officer's claimed injuries were caused by direct interaction with an inmate and were caused by some affirmative act on the part of the inmate. [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]
24 Oct 2019, 12:48 pm
Emma DiNapoli, Rachael Hanna, Patrick McDonnell, Masha Simonova and Jacques Singer-Emery provided updates from the 9/11 military commissions case. [read post]
24 Oct 2018, 6:00 am
Officer appealed the Comptroller's determination.The Appellate Division noted that Officer was [1] required to establish that the alleged incapacity was "the natural and proximate result of any act of any inmate" and [2] had to demonstrate that Officer's claimed injuries were caused by direct interaction with an inmate and were caused by some affirmative act on the part of the inmate. [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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
17 Aug 2019, 5:06 am
Emma DiNapoli and Jacques Singer-Emery chronicled the latest developments of the military commission in United States v. [read post]
9 Aug 2007, 2:00 pm
DiNapoli. [read post]
6 Apr 2012, 6:52 am
Payments in contemplation of retirement excluded in determining an individual’s final average salary for purposes of retirement - Franks v DiNapoli Performing tasks that are a reasonable outgrowth of an employee’s in-title work does not constitute “out-of-title” work - Scarsdale Assn. of Educ. [read post]
