Opinion

Kowal v. DiNapoli

  • 30 N.Y.3d 1124
  • 70 N.Y.S.3d 879
  • 94 N.E.3d 442
Court
Court for the Trial of Impeachments and Correction of Errors
Filed
Feb 13, 2018
Status
Published
Cited by
11 cases
Authority
More cited than 75.7%

The opinion

MEMORANDUM:

***1124 The judgment of the Appellate Division should be affirmed, with costs. Substantial evidence supports the determination ***1125 denying petitioner's application for accidental disability retirement benefits. Respondent rationally determined that petitioner failed to establish that his injuries were caused by a sudden, unexpected event that was not a risk inherent in the work performed ( see Matter of Kelly v. DiNapoli , 30 N.Y.3d 674 , 685, 70 N.Y.S.3d 881 , 94 N.E.3d 444 , 2018 WL 828098 [decided today]; Matter of McCambridge v. McGuire , 62 N.Y.2d 563 , 568, 479 N.Y.S.2d 171 , 468 N.E.2d 9 [1984] ; Matter of Lichtenstein v. Board of Trustees of Police Pension Fund of Police Dept. of City of N.Y. , 57 N.Y.2d 1010 , 1012, 457 N.Y.S.2d 472 , 443 N.E.2d 946 [1982] ).

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11 ), judgment affirmed, with costs, in a memorandum.

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.