Opinion
2012-07-5
In the Matter of Thomas J. REYNOLDS, Petitioner, v. Thomas P. DiNAPOLI, as State Comptroller, Respondent.
Bartlett, McDonough & Monaghan, White Plains (Benai L. Lifshitz of counsel), for petitioner. Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Treasure of counsel), for respondent.
Bartlett, McDonough & Monaghan, White Plains (Benai L. Lifshitz of counsel), for petitioner. Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Treasure of counsel), for respondent.
Before: PETERS, P.J., LAHTINEN, MALONE JR., STEIN and GARRY, JJ.
STEIN, 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.
Petitioner, a police officer, was permanently disabled as the result of injuries sustained while attempting to subdue a suspect who had been handcuffed and placed in the rear of a police car. Petitioner's application for performance of duty disability retirement benefits was approved, but his application for accidental disability retirement benefits was denied by respondent on the ground that the incident did not constitute an accident within the meaning of the Retirement and Social Security Law. Petitioner then commenced this CPLR article 78 proceeding to challenge that determination.
We confirm. To establish entitlement to accidental disability retirement benefits, a petitioner must demonstrate that the incident giving rise to the injuries was a sudden mischance unrelated to the ordinary risks of performing his or her job ( see Matter of Lenci v. DiNapoli, 92 A.D.3d 1078, 1078, 937 N.Y.S.2d 755 [2012];Matter of Rykala v. New York State Comptroller, 92 A.D.3d 1077, 1077–1078, 937 N.Y.S.2d 754 [2012] ). This Court has repeatedly upheld respondent's denial of accidental disability retirement benefits when a law enforcement officer sustains an injury in the course of restraining a disruptive individual, as that type of physical contact is inherent in the performance of an officer's duties ( see Matter of Rykala v. New York State Comptroller, 92 A.D.3d at 1077–1078, 937 N.Y.S.2d 754;Matter of Carpiniello v. DiNapoli, 88 A.D.3d 1045, 1046, 930 N.Y.S.2d 685 [2011];Matter of Welsh v. New York State Comptroller, 67 A.D.3d 1167, 1169, 888 N.Y.S.2d 318 [2009],lv. denied14 N.Y.3d 706, 2010 WL 1190467 [2010] ). Inasmuch as petitioner's own testimony indicated that he was injured in the course of attempting to subdue an unruly suspect, we find that substantial evidence supports respondent's determination.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.