MATTER OF KENNY v. DiNAPOLI
Cases that cite this one
57 later published cases cite this decision. The 25 that cite it most often are listed here.
- Matter of Compagnone v. DiNapoli (Appellate Division of the Supreme Court of New York 2023)
- The Matter of Rosa Rizzo v. Thomas P. DiNapoli (N.Y. 2022)
- Stancarone v. DiNapoli (Appellate Division of the Supreme Court of New York 2018)
- Matter of Kubala v. New York State & Local Retirement Sys. (Appellate Division of the Supreme Court of New York 2023)
- Matter of Creegan v. DiNapoli (Appellate Division of the Supreme Court of New York 2019)
- Matter of Caetano v. DiNapoli (Appellate Division of the Supreme Court of New York 2016)
- Matter of Powers v. DiNapoli (Appellate Division of the Supreme Court of New York 2016)
- Matter of Kowal v. DiNapoli (Appellate Division of the Supreme Court of New York 2016)
- Hunce v. DiNapoli (Appellate Division of the Supreme Court of New York 2013)
- Hunce v. DiNapoli (Appellate Division of the Supreme Court of New York 2013)
- Cirrone v. DiNapoli (Appellate Division of the Supreme Court of New York 2011)
- Neidecker v. DiNapoli (Appellate Division of the Supreme Court of New York 2011)
- Sorrentino v. DiNapoli (Appellate Division of the Supreme Court of New York 2010)
- Matter of Hamblin v. DiNapoli (Appellate Division of the Supreme Court of New York 2024)
- Matter of Crone v. DiNapoli (Appellate Division of the Supreme Court of New York 2022)
- Matter of Como v. New York State Comptroller (Appellate Division of the Supreme Court of New York 2022)
- Matter of Voges v. DiNapoli (Appellate Division of the Supreme Court of New York 2022)
- Matter of Margolies v. DiNapoli (Appellate Division of the Supreme Court of New York 2022)
- Matter of Harris v. New York State & Local Retirement Sys. (Appellate Division of the Supreme Court of New York 2021)
- Matter of McGoey v. DiNapoli (Appellate Division of the Supreme Court of New York 2021)
- Matter of Grall v. DiNapoli (Appellate Division of the Supreme Court of New York 2021)
- Matter of Bohack v. DiNapoli (Appellate Division of the Supreme Court of New York 2021)
- Matter of Castellano v. DiNapoli (Appellate Division of the Supreme Court of New York 2021)
- Matter of Daquino v. DiNapoli (Appellate Division of the Supreme Court of New York 2018)
- Matter of Loia v. DiNapoliI (Appellate Division of the Supreme Court of New York 2018)
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
In the Matter of PAUL G. KENNY, Appellant,
v.
THOMAS P. DiNAPOLI, as New York State Comptroller, Respondent.
Court of Appeals of the State of New York.
*874 Annette G. Hasapidis, South Salem, for appellant.
Andrew M. Cuomo, Attorney General, Albany (William E. Storrs, Barbara D. Underwood, Andrew D. Bing and Peter H. Schiff of counsel), for respondent.
Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.
OPINION OF THE COURT
MEMORANDUM.
The judgment of the Appellate Division should be affirmed, with costs.
In the context of accidental disability retirement benefits, we have defined an accident as a "sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact" and we have indicated that "an injury which occurs without an unexpected event as the result of activity undertaken in the performance of ordinary employment duties, considered in view of the particular employment in question, is not an accidental injury" (Matter of Lichtenstein v Board of Trustees of Police Pension Fund of Police Dept. of City of N.Y., Art. II, 57 NY2d 1010, 1012 [1982]). In this case, the Comptroller denied the application *875 for accidental disability retirement benefits because petitioner, who slipped on a wet ramp while exiting a restaurant, knew that the ramp was wet and therefore knew of the hazard that led to his injury before the incident occurred. In other words, the Comptroller was not persuaded that the incident involved an "unexpected event." Because the Comptroller's conclusion is supported by substantial evidence in the record, the determination was properly confirmed.
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.