Search for: "Dinapoli, Appeal of"
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1 Feb 2011, 4:22 am
State Comptroller DiNapoli proposes legislation providing for the forfeiture of pension benefits of members guilty of “Abuse of Public Trust”Source: Office of the State ComptrollerState Comptroller Thomas P. [read post]
27 Feb 2024, 6:00 am
DiNapoli said. [read post]
27 Feb 2024, 6:00 am
DiNapoli said. [read post]
14 Jul 2008, 8:49 pm
Dinapoli v City of New York Plaintiff, Dominick DiNapoli, a 62 year old disabled veteran brought about this action against the City of New York challenging the revocation of his firearm license and the failure to accommodate his appeal in violation of the Americans with Disabilities Act. [read post]
1 Apr 2010, 9:37 am
Matter of Wayman Neely v Thomas DiNapoli, as State Comptroller Petitioner brought about this Article 78 appeal to review a determination of the Comptroller denying him his applications for accidental and performance of duty disability retirement benefits. [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]
25 Jun 2009, 12:14 pm
., Inc. v DiNapoli, 2009 NY Slip Op 05204, Decided on June 25, 2009, Court of AppealsThe Court of Appeals, reversing a lower court's decision, held that the State Legislature violated Article V, §1 of the New York State Constitution when it assigned and directed the State Comptroller to audit charter schools.The court ruled that the provisions of General Municipal Law §33(2) and Education Law §2854(1)(c), "to the extent that these… [read post]
3 Mar 2010, 10:13 am
Since an appellant must be aggrieved in order to file an appeal, the Court ruled that the appeal must be dismissed. [read post]
23 May 2023, 9:00 pm
" Applying the "inherent risk" principles set out by the Court of Appeals in Kelly v DiNapoli, 30 NY3d 674 and applied in Matter of Kowal v DiNapoli, 145 AD3d 1152, the Appellate Division opined that the Comptroller's determination that the incident at issue "did not constitute an accident within the meaning of Retirement and Social Security Law §63-bb will not be disturbed. [read post]
23 May 2023, 9:00 pm
" Applying the "inherent risk" principles set out by the Court of Appeals in Kelly v DiNapoli, 30 NY3d 674 and applied in Matter of Kowal v DiNapoli, 145 AD3d 1152, the Appellate Division opined that the Comptroller's determination that the incident at issue "did not constitute an accident within the meaning of Retirement and Social Security Law §63-bb will not be disturbed. [read post]
4 Jun 2010, 10:43 am
Petitioner then brought about an Article 78 appeal to challenge the Comptroller’s decision. [read post]
31 Mar 2010, 10:15 am
Matter of Tracy Wolak v Thomas DiNapoli, as State Comptroller This Article 78 proceeding was brought about to review a determination of the Comptroller denying petitioner’s application for accidental disability retirement benefits. [read post]
8 Oct 2009, 10:50 am
DiNapoli, as Comptroller of the State of New York Petitioner brought about this Article 78 appeal to review a determination denying his application for accidental disability benefits. [read post]
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]
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]
28 May 2010, 12:28 pm
Matter of Richard Benedetto v Thomas DiNapoli, as State Comptroller This Article 78 appeal was brought about to review a determination of the Comptroller denying petitioner his application for accidental disability retirement benefits. [read post]
13 Jul 2009, 10:05 am
He then requested a redetermination but the Hearing Officer upheld the decision prompting this Article 78 appeal. [read post]
24 Feb 2010, 9:59 am
Matter of Paul Mazzotte v Thomas DiNapoli, as State Comptroller Petitioner was a correction officer for over 20 years. [read post]
18 Dec 2008, 12:15 pm
Not every mischance resulting in an injury is an "accident" for the purpose of receiving an accidental disability retirement allowanceMatter of Kenny v DiNapoli, 2008 NY Slip Op 09857, Decided on December 17, 2008, Court of AppealsPaul G. [read post]
16 Jul 2010, 3:46 am
Not every mischance resulting in an injury is an "accident" for the purpose of receiving an accidental disability retirement allowanceMatter of Kenny v DiNapoli, 11 NY3d 873Paul G. [read post]
