Kowal v. DiNapoli

Court for the Trial of Impeachments and Correction of Errors

Kowal v. DiNapoli

94 N.E.3d 442, 30 N.Y.3d 1124, 70 N.Y.S.3d 879

Court for the Trial of Impeachments and Correction of Errors·Decided February 13, 2018·No. No. 55 SSM 1·Published·Cited by 11 cases

Opinion

MEMORANDUM:

***1124The judgment of the Appellate Division should be affirmed, with costs. Substantial evidence supports the determination ***1125denying petitioner's application for accidental disability retirement benefits. Respondent rationally determined that petitioner failed to establish that his injuries were caused by a sudden, unexpected event that was not a risk inherent in the work performed (see Matter of Kelly v. DiNapoli, 30 N.Y.3d 674, 685, 70 N.Y.S.3d 881, 94 N.E.3d 444, 2018 WL 828098 [decided today]; Matter of McCambridge v. McGuire, 62 N.Y.2d 563, 568, 479 N.Y.S.2d 171, 468 N.E.2d 9 [1984] ; Matter of Lichtenstein v. Board of Trustees of Police Pension Fund of Police Dept. of City of N.Y., 57 N.Y.2d 1010, 1012, 457 N.Y.S.2d 472, 443 N.E.2d 946 [1982] ).

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11 ), judgment affirmed, with costs, in a memorandum.

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

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MEMORANDUM:

***1124The judgment of the Appellate Division should be affirmed, with costs. Substantial evidence supports the determination ***1125denying petitioner's application for accidental disability retirement benefits. Respondent rationally determined that petitioner failed to establish that his injuries were caused by a sudden, unexpected event that was not a risk inherent in the work performed (see Matter of Kelly v. DiNapoli, 30 N.Y.3d 674, 685, 70 N.Y.S.3d 881, 94 N.E.3d 444, 2018 WL 828098 [decided today]; Matter of McCambridge v. McGuire, 62 N.Y.2d 563, 568, 479 N.Y.S.2d 171, 468 N.E.2d 9 [1984] ; Matter of Lichtenstein v. Board of Trustees of Police Pension Fund of Police Dept. of City of N.Y., 57 N.Y.2d 1010, 1012, 457 N.Y.S.2d 472, 443 N.E.2d 946 [1982] ).

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11 ), judgment affirmed, with costs, in a memorandum.

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

Kowal v. DiNapoli, 94 N.E.3d 442, 30 N.Y.3d 1124, 70 N.Y.S.3d 879 (N.Y. Super. Ct. 2018).

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94 N.E.3d 442 (Kowal v. DiNapoli) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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