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Injuries from Subduing Mentally Disturbed Person Not Accidental

In confirming the denial of a police officer’s application for accidental disability retirement benefits, the Third Department noted that the injuries suffered when subduing a mentally disturbed person were the result of a risk inherent in the duties of a police officer and did not constitute “a sudden, fortuitous, out of the ordinary and unexpected event that [did] not result from an activity undertaken in the performance of regular or routine employment duties” … . In the Matter of Carpenter v DiNapoli, 515251, 3rd Dept. 3-21-13

 

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ALLEGED ORAL MODIFICATION OF A CONTRACT WHICH REQUIRED WRITTEN NOTICE UNENFORCEABLE.
Claimant Excluded from Eligibility for Unemployment Insurance Benefits by Labor Law 565 (Re: Major Policymaking or Advisory Positions)
WHERE A WITNESS STATES SHE DOES NOT RECALL MAKING A STATEMENT, IT IS NECESSARY TO CALL SOMEONE WHO HEARD THE WITNESS MAKE THE STATEMENT TO LAY A FOUNDATION FOR ITS ADMISSION AS A PRIOR INCONSISTENT STATEMENT.
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Issues to Be Determined in Inquest After Default in Contract Action Explained; Viability of Fraud Cause of Action in Action Based on Contract Explained
ALTHOUGH CLAIMANTS WERE TEMPORARY EMPLOYEES HIRED BECAUSE OF HURRICANE DAMAGE, THE EMERGENCY EXCEPTION TO UNEMPLOYMENT INSURANCE COVERAGE DID NOT APPLY, CLAIMANTS ENTITLED TO BENEFITS.

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