Search for: "State v. Dinapoli"
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17 Feb 2011, 4:12 am
Comptroller may select between conflicting medical opinions and his decision will be sustained if supported by substantial evidence in the recordMatter of Micalizzi v DiNapoli, 2011 NY Slip Op 00772, Appellate Division, Third Department A police officer alleged that he harassed at work after he had publicly supported several fellow officers facing disciplinary action and further accused department officials of misconduct. [read post]
14 Jan 2019, 4:00 am
Accidental disability retirement benefits are available to an applicant if the precipitating event is not a risk of the work ordinarily performed by the applicantLarivey v DiNapoli, 2019 NY Slip Op 00018, Appellate Division, Third DepartmentBecky C. [read post]
14 Jan 2019, 4:00 am
Accidental disability retirement benefits are available to an applicant if the precipitating event is not a risk of the work ordinarily performed by the applicantLarivey v DiNapoli, 2019 NY Slip Op 00018, Appellate Division, Third DepartmentBecky C. [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]
8 Nov 2010, 4:01 am
Retirement System has the burden of rebutting the statutory presumption set out in the so-called “Heart Bill,” RSSL §507-b(c)Matter of Rivera v DiNapoli, 2010 NY Slip Op 07852, Decided on November 4, 2010, Appellate Division, Third DepartmentAlthough typically an applicant for accidental disability retirement benefits or performance of duty disability benefits has the burden of proof with respect to showing that his or her disability resulted from the performance… [read post]
16 Sep 2015, 10:00 am
DiNapoli and Attorney General Eric T. [read post]
15 Jan 2016, 4:09 am
Overtime paid to a police officer on “special-duty” for service performed for a private entity not included in determining the officer’s “final average salary” for retirement purposesGilles v DiNapoli, 2015 NY Slip Op 09342, Appellate Division, Third DepartmentPeter Gilles, a member of the Town of Greenburgh Police Department, received overtime pay for occasionally volunteering to work “special-duty details. [read post]
16 Jan 2009, 4:15 am
No. 1 Inc. v DiNapoli, 2008 NY Slip Op 52606(U), decided on December 22, 2008, Supreme Court, Albany County [not officially reported]The Carle Place Hook, Ladder and Hose Co. [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]
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]
5 Apr 2021, 7:19 am
Denial of Correction Officer’s Performance of Duty Retirement Benefits Annulled Due to Factual Errors - Matter of Paul Mazzotte v Thomas DiNapoli, as State Comptroller Petitioner was a correction officer for over 20 years. [read post]
5 Apr 2021, 7:19 am
Denial of Correction Officer’s Performance of Duty Retirement Benefits Annulled Due to Factual Errors - Matter of Paul Mazzotte v Thomas DiNapoli, as State Comptroller Petitioner was a correction officer for over 20 years. [read post]
16 Oct 2018, 7:50 am
DiNapoli et al v. [read post]
26 Sep 2020, 12:41 pm
On September 25, 2020, New York State Comptroller Thomas P. [read post]
26 Sep 2020, 12:41 pm
On September 25, 2020, New York State Comptroller Thomas P. [read post]
3 Jun 2016, 4:55 am
DiNapoli, No. 522066, 05/19/2016, published.Facts: Sheila Traxler worked for the state of New York as a corrections officer.She suffered injuries at work in June 2010 when a self-closing gate struck her.The accident happened while Traxler was escorting three inmates through a gate from the visiting room.After Traxler instructed the inmates to line up against a wall, another corrections officer told her someone was calling for her. [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]
