Matter of Anderson v. DiNapoli, 126 A.D.3d 1278 (N.Y. App. Div. 2015). · Go Syfert
Matter of Anderson v. DiNapoli, 126 A.D.3d 1278 (N.Y. App. Div. 2015). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Walsh v. New York State & Local Empls. Retirement Sys. (nyappdiv, 2019-10-24)
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Walsh v. New York State & Local Empls. Retirement Sys.
N.Y. App. Div. · 2019 · confidence medium
Where the Comptroller's determination is supported by substantial evidence, it will be sustained ( see Matter of Anderson v DiNapoli , 126 AD3d 1278, 1279 [2015]; Matter of Occhino v DiNapoli , 117 AD3d 1156, 1156 [2014]).
discussed Cited as authority (rule) Matter of Federighi v. DiNapoli
N.Y. App. Div. · 2017 · confidence medium
“Moreover, respondent is vested with the authority to resolve conflicting medical evidence in that regard and to credit one expert’s opinion over another, and his determination will be sustained if supported by substantial evidence” (Matter of Anderson v DiNapoli, 126 AD3d 1278, 1279 [2015] [citations omitted]; see Matter of Aliperti v DiNapoli, 138 AD3d at 1379 ).
discussed Cited as authority (rule) Matter of Aliperti v. DiNapoli
N.Y. App. Div. · 2016 · confidence medium
“As an applicant for . . . disability retirement benefits, petitioner bore the burden of proving that, among other things, [ ]he is permanently incapacitated from performing [his] job duties” (Matter of Anderson v DiNapoli, 126 AD3d 1278, 1278 [2015] [citations omitted]; see Matter of Weldon v DiNapoli, 120 AD3d 869 , 869 [2014], lv denied 24 NY3d 914 [2015]).
discussed Cited as authority (rule) Matter of Pierce v. DiNapoli
N.Y. App. Div. · 2016 · confidence medium
“As an applicant for accidental disability retirement benefits, petitioner bore the burden of proving that, among other things, [ ]he is permanently incapacitated from performing h[is] job duties” (Matter of Anderson v DiNapoli, 126 AD3d 1278, 1278 [2015] [citations omitted]; see Matter of Weldon v DiNapoli, 120 AD3d 869 , 869 [2014], lv denied 24 NY3d 914 [2015]).
discussed Cited as authority (rule) Cook v. New York State Comptroller
N.Y. App. Div. · 2016 · confidence medium
During the course of the administrative hearing, the parties stipulated that the March 26, 2010 incident constituted an accident within the meaning of the Retirement and Social Security Law § 363; hence, the issue distilled to whether petitioner established that he was permanently incapacitated from performing his job duties (see Matter of Anderson v DiNapoli, 126 AD3d 1278, 1278 [2015]; Matter of Cepeda v New York State Comptroller, 115 AD3d 1146, 1146 [2014], lv denied 23 NY3d 906 [2014]; Matter of Mullins v New York State Comptroller, 49 AD3d 951, 951-952 [2008]).
discussed Cited as authority (rule) Cook v. New York State Comptroller
N.Y. App. Div. · 2016 · confidence medium
During the course of the administrative hearing, the parties stipulated that the March 26, 2010 incident constituted an accident within the meaning of the Retirement and Social Security Law § 363; hence, the issue distilled to whether petitioner established that he was permanently incapacitated from performing his job duties (see Matter of Anderson v DiNapoli, 126 AD3d 1278, 1278 [2015]; Matter of Cepeda v New York State Comptroller, 115 AD3d 1146, 1146 [2014], lv denied 23 NY3d 906 [2014]; Matter of Mullins v New York State Comptroller, 49 AD3d 951, 951-952 [2008]).
discussed Cited as authority (rule) Matter of Guadagnolo v. DiNapoli
N.Y. App. Div. · 2015 · confidence medium
Although the parties debate whether both the December 2005 and February 2008 incidents should be considered and, further, whether such incidents constitute accidents within the meaning of Retirement and Social Security Law § 363, these issues need not detain us, as petitioner is not entitled to either accidental disability retirement benefits (see Matter of Anderson v DiNapoli, 126 AD3d 1278, 1279 [2015]; Matter of Occhino v DiNapoli, 117 AD3d 1156, 1156 [2014]; Matter of Cooke v DiNapoli, 96 AD3d 1340, 1341 [2012]; Matter of Capraro v DiNapoli, 91 AD3d 1020, 1021 [2012]) or performance of du…
discussed Cited "see" Matter of Graham v. Gardner (2×)
N.Y. App. Div. · 2025 · signal: see · confidence high
"An applicant for accidental disability retirement benefits bears the burden of proving that he or she is permanently incapacitated from performing his or her job duties" ( Matter of Dee v DiNapoli , 154 AD3d 1042, 1043 [3d Dept 2017] [internal quotation marks and citations omitted]; see Matter of Anderson v DiNapoli , 126 AD3d 1278, 1278 [3d Dept 2015]).
discussed Cited "see" Matter of Califano v. DiNapoli
N.Y. App. Div. · 2017 · signal: see · confidence high
“In connection with any application for accidental or performance of duty disability retirement benefits, the applicant bears the burden of proving that he or she is permanently incapacitated from the performance of his or her *1178 job duties” (Matter of Del Peschio v DiNapoli, 139 AD3d 1298, 1299 [2016] [internal quotation marks and citations omitted]; see Matter of Anderson v DiNapoli, 126 AD3d 1278, 1278 [2016]; Matter of Occhino v DiNapoli, 117 AD3d 1156, 1156 [2014]).
discussed Cited "see" Matter of Del Peschio v. DiNapoli
N.Y. App. Div. · 2016 · signal: see · confidence high
“In connection with any application for accidental or performance of duty disability retirement benefits, the applicant bears the burden of proving that he or she is permanently incapacitated from the performance of his or her job duties” (Matter of Pellittiere v New York State & Local Police & Fire Retirement Sys., 121 AD3d 1143 , 1144 [2014] [internal quotation marks and citation omitted]; see Matter of Anderson v DiNapoli, 126 AD3d 1278, 1278 [2015]; Matter of Occhino v DiNapoli, 117 AD3d 1156, 1156 [2014]). * Notably, where conflicting medical evidence is presented, respondent is veste…
Retrieving the full opinion text from the archive…
In the Matter of Sharon L. Anderson, Petitioner,
v.
Thomas P. DiNapoli, as State Comptroller, Respondent
519038.
Appellate Division of the Supreme Court of the State of New York.
Mar 26, 2015.
126 A.D.3d 1278
Devine, McCarthy, Egan, Clark.
Cited by 11 opinions  |  Published
Devine, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which denied petitioner’s application for accidental disability retirement benefits.

In 2007, petitioner was injured while working as a police officer when she was involved in a car accident. Following the denial of her application for accidental disability retirement benefits, petitioner sought a hearing and redetermination. The Hearing Officer determined that petitioner was not permanently incapacitated from performing her normal employment duties. Respondent made two minor supplemental findings of fact and, after otherwise accepting the Hearing Officer’s determination, denied petitioner’s application. This CPLR article 78 proceeding ensued.

We confirm. As an applicant for accidental disability retirement benefits, petitioner bore the burden of proving that, among other things, she is permanently incapacitated from performing her job duties (see Matter of Weldon v DiNapoli, 120 AD3d 869, 869 [2014], lv denied 24 NY3d 914 [2015]; Matter of Cepeda v New York State Comptroller, 115 AD3d 1146,[*1279] 1146 [2014], lv denied 23 NY3d 906 [2014]). Moreover, respondent is vested with the authority to resolve conflicting medical evidence in that regard and to credit one expert’s opinion over another, and his determination will be sustained if supported by substantial evidence (see Matter of Cepeda v New York State Comptroller, 115 AD3d at 1146-1147; Matter of Hodio v DiNapoli, 84 AD3d 1686, 1686 [2011]). In this matter, the Hearing Officer noted that many of the physicians who examined petitioner did not make any determination with respect to the permanency of her condition. While petitioner’s primary care physician and another physician, James McGlowan, who performed an independent medical examination on behalf of the New York State and Local Police and Fire Retirement System, did conclude that petitioner was permanently incapacitated, the Retirement System presented the testimony of an orthopedic surgeon, Thomas Pastore, who examined petitioner and concluded that she was not permanently disabled. The Hearing Officer credited Pastore’s conclusion over that of the two physicians who disagreed with him, noting that petitioner’s primary physician had made inconsistent conclusions regarding permanency and McGlowan had relied primarily on petitioner’s subjective complaints of pain, whereas Pastore administered objective tests to determine whether petitioner’s physical examination correlated with her complaints.

Inasmuch as Pastore offered a rational, fact-based opinion based upon a physical examination and petitioner’s medical records, his testimony provided substantial evidence to support respondent’s denial of benefits. Thus, respondent’s determination will not be disturbed despite the existence of other evidence to support a different conclusion (see Matter of Weldon v DiNapoli, 120 AD3d at 870; Matter of Cepeda v New York State Comptroller, 115 AD3d at 1147; Matter of Hodio v DiNapoli, 84 AD3d at 1686). Petitioner’s reliance upon the determinations of other agencies is inapposite — such determinations are not binding on respondent (see Matter of Weldon v DiNapoli, 120 AD3d at 870 n) — and her remaining arguments lack merit.

McCarthy, J.P., Egan Jr. and Clark, JJ., concur.

Adjudged that the determination is confirmed, without costs, and petition dismissed.