Liuzzi v. Regan

Appellate Division of the Supreme Court of New York

Liuzzi v. Regan

200 A.D.2d 849, 608 N.Y.S.2d 883, 1994 N.Y. App. Div. LEXIS 237

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 13, 1994

StatusPublished

Cited by1 cases

This text of 200 A.D.2d 849 (Liuzzi v. Regan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Liuzzi v. Regan, 200 A.D.2d 849, 608 N.Y.S.2d 883, 1994 N.Y. App. Div. LEXIS 237 (N.Y. Ct. App. 1994).

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Opinion

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Comptroller which denied petitioner’s application for accidental disability retirement benefits.

The injury to petitioner’s back was the result of physical exertion in the performance of his ordinary employment duties and not the consequence of an unexpected event. As such, the determination that petitioner’s injury did not constitute an accident within the meaning of Retirement and Social Security Law § 63 is supported by substantial evidence.

Mikoll, J. P., Crew III, White, Casey and Yesawich Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Comptroller which denied petitioner’s application for accidental disability retirement benefits.

The injury to petitioner’s back was the result of physical exertion in the performance of his ordinary employment duties and not the consequence of an unexpected event. As such, the determination that petitioner’s injury did not constitute an accident within the meaning of Retirement and Social Security Law § 63 is supported by substantial evidence.

Mikoll, J. P., Crew III, White, Casey and Yesawich Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

200 A.D.2d 849, 608 N.Y.S.2d 883, 1994 N.Y. App. Div. LEXIS 237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liuzzi-v-regan-nyappdiv-1994.

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