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Accidental disability retirement benefits

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Matter of Philip Warshawky v Thomas DiNapoli, as State Comptroller

In this Article 78 case, petitioner, a court officer, applied for accidental disability retirement benefits after suffering two heart attacks. He did not identify any specific incident as the causative event for his heart problems. The New York State and Local Retirement System denied the…

Matter of Richard Benedetto v Thomas DiNapoli, as State Comptroller

This Article 78 appeal was brought about to review a determination of the Comptroller denying petitioner his application for accidental disability retirement benefits. Petitioner was a corrections officer who injured his back in 2004 by falling on stairs in a correctional facility. Following the…

Matter of Wayman Neely v Thomas DiNapoli, as State Comptroller

Petitioner brought about this Article 78 appeal to review a determination of the Comptroller denying him his applications for accidental and performance of duty disability retirement benefits. In 1985, petitioner, a corrections officer, fell from a ladder during a training exercise and injured himself. Petitioner…

Matter of Tracy Wolak v Thomas DiNapoli, as State Comptroller

This Article 78 proceeding was brought about to review a determination of the Comptroller denying petitioner’s application for accidental disability retirement benefits. Petitioner began working as a police officer for the Pelham Manor Police Department in 1990. Two years later, she was assigned to the…

In the following cases, the petitioners commenced Article 78 appeals to review the determination of respondent Comptroller denying their application for accidental disability retirement benefits. Each petitioner applied for accidental disability retirement benefits following their accidents and was denied. They next requested a redetermination and hearing which, in all instances, resulted in the Hearing Officer…

Matter of John Welsh v New York State Comptroller

Petitioner commenced this Article 78 appeal to review a determination of respondent Comptroller denying petitioner’s application for accidental disability retirement benefits. Petitioner, a Suffolk County police officer, was injured by an emotionally disturbed man whom he was escorting to a hospital psych ward. Following the attack…