Attorney Daniel S. Jaffe's Legal Cases

Administrative law

Richter v. Cardozo

Jul 07, 2015

OUTCOME: 2015 NY Slip Op 05887

The Appellate Division, First Department, decided in favor of our client, CEA President Roy Richter, in rejecting the City Law Department's contention that it was free to interpret statute on behalf of ... the NYC Police Pension Fund's Board of Trustees. The Appellate Division confirmed the longstanding principle that such authority is vested solely in the Board of Turstees, subject to judicial review. The facts of this case concerned the interpretation of the Safeguards statute, which governs disability retirees with fewer than 20 years of service. The Law Department attempted to change the current standard of "full police duty" to a lesser standard defined as any gainful occupation including desk work. The Appellate Division explicitly concluded that the Law Department's efforts to direct action (to the detriment of disability retirees) was "untenable" and "inconsistent" with its limited role as advisor.

Administrative law

Seiferheld v. Kelly

Mar 12, 2015

OUTCOME: 2015 NY Slip Op 02011 (1st Dep't 2015)

http://law.justia.com/cases/new-york/appellate-division-first-department/2015/100138-12.html

Administrative law

Richter v. Kelly

Nov 21, 2013

OUTCOME: 2013 NY Slip Op 07803

On behalf of the NYPD Captains Endowment Association ("CEA") President, Roy Richter and NYPD Police Surgeon Lea Dann, M.D., we successfully challenged a Police Pension Fund decision which refused to re ... cognize the longstanding right of Police Surgeons to protection under the Heart Bill. The Court adopted our argument, citing well established legal and administrative precedent and the clear intent of the legislature, finding Police Surgeons entitled to Heart Bill benefits as a matter of law. The Court specifically noted that the denial by the NYPD Police Pension Fund was both “arbitrary and capricious.” Rather than remand the matter back to the Board of Trustees, the Court specifically directed that Police Surgeon Dann be retired with Accident Disability Retirement. This decision protects future NYPD surgeons and other police supervisors from future attempts to deny them the protections under the Heart Bill.

Administrative law

Cruz v. Kelly

Jul 03, 2013

OUTCOME: 2013 NY Slip Op 31458(U)

The NY County Supreme Court again decided in favor of our client, a police officer seeking a three quarter disability retirement based upon a World Trade Center disability. The Police Pension Fund Med ... ical Board had refused to follow the mandate of the Court in its earlier decision, forcing us to bring a second lawsuit. The Court specifically noted "Based on this history, this Court is forced to conclude one of two things: either the Medical Board and the Pension Board truly do not understand the meaning of §13-252.1(1)(a) of the Administrative Code of the City of New York and how its presumption in favor of an affected Police Officer works, or they do understand the law but choose to ignore its mandates, arguably with hopes of eventually wearing the injured officer down." Our client has subsequently been granted a three quarter accident disability retirement under the WTC Disability Law.

Administrative law

Torres v. Kelly

Jan 10, 2013

OUTCOME: 2013 NY Slip Op 00130

The NY County Supreme Court decided in favor of our client, a detective seeking a three quarter disability retirement. The decision is based primarily on Tobin v. Steisel and the legal doctrine which t ... reats a subsequent accident which causes an aggravation or exacerbation of a pre-existing injury or latent condition as the cause of disability. On an appeal filed by the City, the Appellate Division remanded the matter solely for a determination as to whether her injury was an accident or an incident. Our client has subsequently been granted a three quarter Accident Disability Retirement based on the legal doctrine set forth in Lichtenstein and its progeny of cases.

Administrative law

Betancourt v. Kelly

Feb 28, 2012

OUTCOME: 2012 NY Slip Op 30510(U)

The NY County Supreme Court decided in favor of our client, a police officer seeking a three quarter disability retirement. The decision is an affirmation of a body of law stemming from the NYS Court o ... f Appeals decision in Tobin v. Steisel which holds that a subsequent accident which causes an aggravation or exacerbation of a pre-existing injury or latent condition is the cause of disability. This decision confirms the principles in Tobin v. Steisel that the Courts can, and will, make judicial determinations requiring that the Police Pension Fund consider disability entitlement in cases where police officers (and other civil servants) suffer injuries which exacerbate or aggravate their conditions.

Administrative law

Seiferheld v. Kelly

Apr 28, 2011

OUTCOME: 16 N.Y.3d 561, 948 N.E.2d 1285

Our state's highest court, the NYS Court of Appeals, decided this case in our favor. This is an important, and broad ranging decision from the Court of Appeals, because it affirms, in the strongest pos ... sible terms, that pension benefits cannot be terminated without explicit statutory authority and that it is the purview of the Board of Trustees of the Police Pension Fund, and not the City Law Department, to interpret statute and effect pension actions

Daniel S. Jaffe's Legal Cases (7)

Richter v. Cardozo

Seiferheld v. Kelly

Richter v. Kelly

Cruz v. Kelly

Torres v. Kelly

Betancourt v. Kelly

Seiferheld v. Kelly