White v. McCall

Appellate Division of the Supreme Court of New York

White v. McCall

202 A.D.2d 917, 609 N.Y.S.2d 685, 1994 N.Y. App. Div. LEXIS 2812

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

DecidedMarch 24, 1994

StatusPublished

This text of 202 A.D.2d 917 (White v. McCall) 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

White v. McCall, 202 A.D.2d 917, 609 N.Y.S.2d 685, 1994 N.Y. App. Div. LEXIS 2812 (N.Y. Ct. App. 1994).

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 disability retirement benefits.

Contrary to petitioner’s contention, there is substantial evidence in the record to support respondent Comptroller’s determination that petitioner’s injury was not sustained during the performance of his duties. The testimony reveals that the incident occurred prior to the commencement of petitioner’s shift when he fell on some loose stones in the parking lot as he approached the school building. As such, petitioner is not entitled to disability retirement benefits and the Comptroller’s determination must be upheld.

Cardona, P. J., Mercure, White, Weiss and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

—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 disability retirement benefits.

Contrary to petitioner’s contention, there is substantial evidence in the record to support respondent Comptroller’s determination that petitioner’s injury was not sustained during the performance of his duties. The testimony reveals that the incident occurred prior to the commencement of petitioner’s shift when he fell on some loose stones in the parking lot as he approached the school building. As such, petitioner is not entitled to disability retirement benefits and the Comptroller’s determination must be upheld.

Cardona, P. J., Mercure, White, Weiss and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

202 A.D.2d 917, 609 N.Y.S.2d 685, 1994 N.Y. App. Div. LEXIS 2812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-mccall-nyappdiv-1994.