| Matter of Piccinini v DiNapoli |
| 2009 NY Slip Op 08920 [68 AD3d 1212] |
| December 3, 2009 |
| Appellate Division, Third Department |
| In the Matter of Bruno Piccinini, Petitioner, v Thomas P.DiNapoli, as State Comptroller, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (William E. Storrs of counsel), forrespondent.
Mercure, J. Proceeding pursuant to CPLR article 78 (transferred to this Court by order of theSupreme Court, entered in Albany County) to review a determination of respondent whichdenied petitioner's application for accidental disability retirement benefits.
In October 2005, petitioner was injured when he tripped on an uneven section of sidewalkwhile performing a routine patrol in his capacity as a security service assistant for the StateUniversity of New York Police Department. After his application for accidental disabilityretirement benefits was disapproved, he requested a redetermination and a hearing was held. TheHearing Officer concluded that the incident did not constitute an accident within the meaning ofRetirement and Social Security Law § 605 and denied petitioner's application. Respondentadopted the Hearing Officer's findings, prompting this CPLR article 78 proceeding.
Inasmuch as "injuries that arise out of an employee's own misstep or inattention will notmerit an accidental disability determination" (Matter of Magrino v DiNapoli, 64 AD3d 868, 869 [2009]), wenow confirm. Here, petitioner admitted that he patrolled the sector in which he fell on a regularbasis. Moreover, although the incident occurred at approximately 1:00 a.m., [*2]petitioner acknowledged that there were lights in the area and that,having worked on the campus for almost seven years, he was "very familiar" with the sidewalks.Accordingly, we perceive no basis on which to disturb respondent's determination thatpetitioner's injury was not the result of "a sudden and extraordinary event that [was] unrelated tothe ordinary risks of [his] employment" (Matter of Santorsola v McCall, 302 AD2d 727,728 [2003]).
Cardona, P.J., Spain, Malone Jr. and Kavanagh, JJ., concur. Adjudged that the determinationis confirmed, without costs, and petition dismissed.