Opinion
August 29, 1991
Appeal from the Supreme Court, Albany County.
The injury to petitioner's arm was the result of physical exertion in the performance of his regular duties and, as such, did not constitute an accident within the meaning of Retirement and Social Security Law § 63 (see, Matter of Lichtenstein v Board of Trustees of Police Pension Fund, 57 N.Y.2d 1010, 1012; Matter of Edwards v New York State Local Employees' Retirement Sys., 165 A.D.2d 972, 973, lv denied 77 N.Y.2d 802; Matter of Chambers v Regan, 125 A.D.2d 920, 921). Here, the injury occurred when petitioner closed a window in the courtroom, a task which he admitted doing on several occasions in the past (see, Matter of Malenda v Regan, 134 A.D.2d 808, 808-809). Consequently, respondent's determination denying petitioner's application for accidental disability retirement benefits is supported by substantial evidence and must be upheld. Finally, the fact that petitioner may have suffered an accident under the Workers' Compensation Law is not binding on respondent (see, Matter of Leone v Regan, 146 A.D.2d 869, 870).
Mahoney, P.J., Casey, Mikoll, Levine and Crew III, JJ., concur. Adjudged that the determination is confirmed, and petition dismissed, without costs.