§Why CasetextPricing

In the Matter of Pat Sica, Respondent,v.Thomas P. DiNapoli,, Appellant.

Brief

8 Cited authorities

  1. Meyer v. Board of Trustees

    90 N.Y.2d 139 (N.Y. 1997)   Cited 321 times
    In Matter of Meyer (90 NY2d 139, supra), the Court of Appeals rejected a bright line rule that would credit the opinion of an examining physicians on the issue of causation over the rationally based opinion of a nonexamining physician who, nevertheless, has had the opportunity to make a professional medical judgment based on other medical data concerning the applicant for retirement benefits.

  2. Bitchatchi v. Bd. of Trs. of the N.Y.C. Police Dep't Pension Fund

    2012 N.Y. Slip Op. 8566 (N.Y. 2012)   Cited 41 times
    In Bitchatchi, approximately one year after WTC exposure, the petitioner discovered a cyst near her rectum, and a biopsy revealed that she had rectal cancer.

  3. Firefighters Assn v. Beekman

    52 N.Y.2d 463 (N.Y. 1981)   Cited 87 times
    In Beekman, we concluded that General Municipal Law § 207-k established a presumption that heart impairment was accidentally sustained, although the statute itself did not expressly so provide.

  4. Ashley v. Dinapoli

    97 A.D.3d 1057 (N.Y. App. Div. 2012)   Cited 12 times

    2012-07-26 In the Matter of Thomas J. ASHLEY, Petitioner, v. Thomas P. DiNAPOLI, as State Comptroller, Respondent. Bartlett, McDonough & Monaghan, LLP, White Plains (Patricia D'Alvia of counsel), for petitioner. Eric T. Schneiderman, Attorney General, Albany (William E. Storrs of counsel), for respondent. PETERS Bartlett, McDonough & Monaghan, LLP, White Plains (Patricia D'Alvia of counsel), for petitioner.Eric T. Schneiderman, Attorney General, Albany (William E. Storrs of counsel), for respondent

  5. Menna v. New York City Employees' Retirement System

    59 N.Y.2d 696 (N.Y. 1983)   Cited 17 times

    Decided May 3, 1983 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, NORMAN C. RYP, J. William A. Zutt for appellant. Frederick A.O. Schwarz, Jr., Corporation Counsel ( Ronald E. Sternberg of counsel), for respondent. On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 91 A.D.2d 537). Concur: Chief Judge

  6. Matter of Walos v. Regan

    188 A.D.2d 822 (N.Y. App. Div. 1992)   Cited 5 times

    December 10, 1992 Appeal from the Supreme Court, Albany County. Initially, we reject petitioner's contention that respondent Comptroller erred in denying his application for accidental disability retirement benefits for lack of proper notice. There is no evidence in the record that petitioner complied with any of the notice requirements set forth in Retirement and Social Security Law § 363 (c). In addition, his application for such benefits was not filed until July 18, 1988, more than two years after

  7. Matter of Valentin v. Board of Trustees of N.Y

    59 N.Y.2d 702 (N.Y. 1983)   Cited 8 times

    Decided May 3, 1983 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SIDNEY H. ASCH, J. Morris Weissberg for appellants. Frederick A.O. Schwarz, Jr., Corporation Counsel ( Irving Genn of counsel), for respondents. On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 91 A.D.2d 916). Concur: Chief Judge

  8. Schussler v. Codd

    450 N.E.2d 225 (N.Y. 1983)   Cited 8 times

    Decided May 3, 1983 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, LOUIS OKIN, J. Carol Mellor and Joseph Fallek for appellant. Frederick A.O. Schwarz, Jr., Corporation Counsel ( Larry A. Sonnenshein of counsel), for respondents. On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs. In the absence of evidence to support a finding of "accidental injury", the Appellate Division