Scarafile v. New York State

Appellate Division of the Supreme Court of New York

Scarafile v. New York State

199 A.D.2d 808, 608 N.Y.S.2d 121, 1993 N.Y. App. Div. LEXIS 12213

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

DecidedDecember 23, 1993

StatusPublished

This text of 199 A.D.2d 808 (Scarafile v. New York State) 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

Scarafile v. New York State, 199 A.D.2d 808, 608 N.Y.S.2d 121, 1993 N.Y. App. Div. LEXIS 12213 (N.Y. Ct. App. 1993).

Pincite

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 death benefits.

Decedent, petitioner’s husband, was employed as a Sergeant by the State Police. He was killed in a car accident as he returned home from work. We find the determination that decedent’s death was not the result of an accident sustained in the performance of his duties to be supported by substantial evidence in the record.

Mikoll, J. P., Yesawich Jr., Mercure, Crew III and Casey, 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 death benefits.

Decedent, petitioner’s husband, was employed as a Sergeant by the State Police. He was killed in a car accident as he returned home from work. We find the determination that decedent’s death was not the result of an accident sustained in the performance of his duties to be supported by substantial evidence in the record.

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

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Bluebook (online)

199 A.D.2d 808, 608 N.Y.S.2d 121, 1993 N.Y. App. Div. LEXIS 12213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scarafile-v-new-york-state-nyappdiv-1993.