Search for: "Kelly v. DiNapoli"
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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]
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]
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]
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]
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… [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]
7 Nov 2023, 6:00 am
., "a 'sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact'", citing Matter of Brown v Kelly, 100 AD3d 480, quoting Matter of Lichtenstein v Board of Trustees of Police Pension Fund of Police Dept. of City of NY, Art. [read post]
7 Nov 2023, 6:00 am
., "a 'sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact'", citing Matter of Brown v Kelly, 100 AD3d 480, quoting Matter of Lichtenstein v Board of Trustees of Police Pension Fund of Police Dept. of City of NY, Art. [read post]
30 Jun 2016, 10:00 pm
This case is being prosecuted by Assistant Attorney General Philip V. [read post]
21 Oct 2022, 5:30 am
In Matter of Kelly v DiNapoli, 30 NY3d 674, the Court of Appeals held that "For the purpose of Retirement and Social Security Law, the applicant bears the burden of establishing that the disability was the result of an accident, which is defined as "a sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact". [read post]
21 Oct 2022, 5:30 am
In Matter of Kelly v DiNapoli, 30 NY3d 674, the Court of Appeals held that "For the purpose of Retirement and Social Security Law, the applicant bears the burden of establishing that the disability was the result of an accident, which is defined as "a sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact". [read post]
16 Sep 2015, 10:00 am
DiNapoli and Attorney General Eric T. [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]
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]
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]
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]
6 Apr 2012, 6:52 am
Psychiatric disability alleged to be a line-of-duty injury - Jefferson v Kelly Retired teacher ruled entitled to enroll new spouse in the District’s health insurance plan under the terms of the collective bargaining agreement - Bower v Board of Educ., Cazenovia Cent. [read post]
6 Apr 2019, 4:04 am
Circuit’s decision in McKeever v. [read post]
