Search for: "State v. Dinapoli"
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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]
26 Mar 2024, 5:00 am
# # #DECISIONMatter of Cazzari v DiNapoli [read post]
14 May 2010, 1:12 pm
Perna Count 4 – Conspiracy – Second Degree Joseph DiNapoli, Matthew Madonna, Ralph V. [read post]
10 Nov 2015, 4:00 am
Overtime paid to a police officer for “special-duty” for service performed for a private entity not included in determining the “final average salary” for retirement purposesTamucci v DiNapoli, 2015 NY Slip Op 08027, Appellate Division, Third DepartmentBetween 1989 and 2009, Town and Village of Harrison Police Department [HPD] police sergeant Mark Tamucci was a member of New York State Police and Fire Retirement System [PFRS]. [read post]
12 Sep 2007, 10:36 am
DiNapoli on September 12. [read post]
27 Nov 2023, 6:00 am
The Comptroller adopted the Hearing Officer's decision.Petitioner then commenced this proceeding pursuant to CPLR Article 78 challenging the Comptroller's determination.Citing Matter of Bohlen v DiNapoli, 34 NY3d 434, the Appellate Division explained the "Comptroller is vested with exclusive authority to determine applications for retirement benefits and such determination, if supported by substantial evidence, must be upheld". [read post]
27 Nov 2023, 6:00 am
The Comptroller adopted the Hearing Officer's decision.Petitioner then commenced this proceeding pursuant to CPLR Article 78 challenging the Comptroller's determination.Citing Matter of Bohlen v DiNapoli, 34 NY3d 434, the Appellate Division explained the "Comptroller is vested with exclusive authority to determine applications for retirement benefits and such determination, if supported by substantial evidence, must be upheld". [read post]
19 Dec 2018, 4:00 am
Retiree then appealed the Comptroller's decision.Citing Matter of Chichester v DiNapoli, 108 AD3d. [read post]
19 Dec 2018, 4:00 am
Retiree then appealed the Comptroller's decision.Citing Matter of Chichester v DiNapoli, 108 AD3d. [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]
25 Jul 2016, 4:00 am
Lackawanna next filed a CPLR Article 78 petition challenging the Deputy Comptroller’s decision.Citing Matter of Kenny v DiNapoli, 11 NY3d 873, the Appellate Division confirm the Deputy Comptroller’s ruling, explaining that “[i]n order for an incident to constitute an accident for purposes of the Retirement and Social Security Law, it must be "a sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact; and citing Matter of Schultz… [read post]
30 Apr 2009, 4:01 pm
United States v. [read post]
5 Feb 2020, 4:00 am
"Addressing Petitioner argument that he was erroneously directed to repay the pension benefits mistakenly paid to him, the court said that the Comptroller "had no choice but to seek recoupment of such benefits, as the Comptroller has a duty to correct errors in order to ensure the integrity of the public retirement system", citing Matter of Mowry v DiNapoli, 111 AD3d 1117. [read post]
26 May 2009, 3:57 am
Supp. 881 (1996) [LEXIS link] (immigration asylum); DiNapoli v. [read post]
22 Feb 2023, 3:23 pm
The New York State 2022-2023 Budget[1] amendment QQ updated the State’s approach to freshwater wetlands regulation. [read post]
22 Jun 2012, 10:56 am
See DiNapoli v. [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]
25 Oct 2016, 8:00 am
Considering such factors with respect to the Claimant’s relationship with the Authority, the Appellate Division held that the Board's finding that an employer-employee relationship existed between Claimant and the Housing Authority was supported by substantial evidence and declined to disturbed it.The Devore v DiNapoli Decision In Devore v DiNapoli the issue concerned the mirror image of an employer-employee relationship: service provided as an… [read post]
6 Oct 2017, 5:30 am
"Citing Matter of Dingee v DiNapoli, 56 AD3d 876, the Appellate Division observed that "[i]n determining whether a person is permanently disabled, [the Comptroller] may consider whether proper medical treatment is reasonably and safely available to correct the disability. [read post]
4 Oct 2021, 5:03 am
" As the court held in Matter of Kelly v DiNapoli, 30 NY3d 674, "an injury-causing event is accidental when it is sudden, unexpected and not a risk of the work performed, but the focus of the determination must be on the precipitating cause of [the] injury, rather than on the petitioner's job assignment. [read post]
