Opinion
June 28, 1990
Appeal from the Supreme Court, Albany County.
Petitioner, a Port Authority police officer, was injured when she slipped and fell on a stairway leading to the locker room where she was going to change into her uniform. The accident occurred approximately 20 minutes before her tour of duty was to begin and about five minutes before she was supposed to be ready for roll call. In denying petitioner's application for accidental disability retirement benefits, respondent concluded that the incident did not constitute an accident sustained in the performance of petitioner's duties as a police officer because the accident did not occur during petitioner's paid service for the day. Since substantial evidence supports the determination that petitioner's accident occurred prior to her shift and not in the course of her duties, the determination must be confirmed (see, Matter of Cantello v. Regan, 154 A.D.2d 867).
Determination confirmed, and petition dismissed, without costs. Mahoney, P.J., Casey, Mikoll, Yesawich, Jr., and Levine, JJ., concur.