# Kowal v. DiNapoli

> Court for the Trial of Impeachments and Correction of Errors · February 13, 2018 · 30 N.Y.3d 1124

URL: https://www.frixlaw.com/law-library/cases/7081905

## Case

- **Full name:** In the Matter of Robert W. KOWAL v. Thomas P. DINAPOLI, as State Comptroller
- **Court:** Court for the Trial of Impeachments and Correction of Errors
- **Decided:** February 13, 2018
- **Citations:** 30 N.Y.3d 1124; 70 N.Y.S.3d 879; 94 N.E.3d 442
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7081905

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7081905. Public record. Not legal advice.