Matter of the Ridge Road Fire District v Michael P. Schiano, as Hearing Officer
In this Article 78 case, Kevin Nowak applied for benefits after experiencing back pain while operating a vehicle in response to a fire alarm in November 2002. Following this incident, Nowak applied for disability benefits and was denied. He then had
Court of Appeals rules that in a GML 207-a case the original department determination must be supported by substantial evidence.
Continue Reading Court of Appeals GML 207-a Department’s initial determination must be suppported by Substantial Evidence
Matter of Enide St. Lois v New York City Employees’ Retirement System and the City of New York
In this Article 78 case, petitioner, a 42-year-old pediatric Registered Nurse, sought a judgment annulling the Board of Trustees (Pension Board) for New York City Employees’ Retirement System (NYCERS) which denied her application for disability retirement. Petitioner
Matter of Paul A. Stymiloski v. Thomas DiNapoli, as Comptroller of the State of New York
This Article 78 proceeding was commenced to review a determination of respondent denying petitioner’s application for accidental disability retirement benefits. Petitioner, Paul Stymiloski, was a police officer in the Village of Ossining. In December of 2005, he was engaged
In this personal injury action defendant was granted summary judgment in that plaintiff did not suffer a serious injury within the meaning of the Insurance Law. On appeal the Appellate Division Second Deparment held that the Plaintiff’s treating chiropractor in her affidavit created a question of fact based on her contemporaneous and most recent examinations
A high school student cut his hand on a glass door playing basketball in a Nassau County school. His mother sued on his behalf argued that the school should have had safety glass installed. The Appellate Division, Second Deparment granted Defendant Diocese of Rockville Centre summary judgment holding that the glass in the subject door complied with