Fabiano v. Regan
Cases that cite this one
4 later published cases cite this decision.
- Silver-Smith v. New York State & Local Retirement System (Appellate Division of the Supreme Court of New York 2002)
- Edwards v. New York State & Local Employees' Retirement System (Appellate Division of the Supreme Court of New York 1990)
- Finnegan v. Regan (Appellate Division of the Supreme Court of New York 1986)
- Wilson v. Regan (Appellate Division of the Supreme Court of New York 1983)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Comptroller which denied petitioner’s application for accidental disability retirement. Petitioner, a town patrolman, was injured March 24, 1978 while attempting to restrain an uncooperative suspect during an arrest. Respondent denied an application for accidental disability retirement upon the ground petitioner had not sustained an injury as a result of an accident within the meaning of section 63 of the Retirement and Social Security Law. In his original written report on the day of the incident, petitioner made no mention of a slip or fall causing his injury. Patrolman Berry, who witnessed the scuffle, failed to mention such a fall in his letter to the retirement system dated December 26, 1979. In his application for disability benefits made September 13,1979, petitioner claimed the injury occurred when he slipped to the ground
Case-law data current through December 31, 2025. Source: CourtListener bulk data.