| Matter of Rykala v New York State Comptroller |
| 2012 NY Slip Op 00894 [92 AD3d 1077] |
| February 9, 2012 |
| Appellate Division, Third Department |
| In the Matter of the Claim of John Rykala, Petitioner, v New YorkState Comptroller et al., Respondents. |
—[*1] Eric T. Schneiderman, Attorney General, Albany (Allyson B. Levine of counsel), forrespondents.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Albany County) to review a determination of respondent Comptroller denyingpetitioner's request for accidental disability retirement benefits.
Petitioner, a court officer, sustained injuries when he fell after his foot became entangled in afile cart while he was attempting to remove an unruly prisoner from the courtroom. Petitionersubsequently applied for accidental disability retirement benefits. Following a hearing, a HearingOfficer denied the application, finding that the incident did not constitute an accident within themeaning of Retirement and Social Security Law § 605-a. Respondent Comptroller adoptedthe Hearing Officer's findings and this CPLR article 78 proceeding ensued.
"For purposes of accidental disability retirement benefits, the underlying accident must be asudden, fortuitous, out of the ordinary and unexpected event that does not result from an activityundertaken in the performance of regular or routine employment duties" (Matter of Welsh v New York StateComptroller, 67 AD3d 1167, 1168 [2009], lv denied 14 NY3d 706 [2010][internal quotation marks and citation omitted]). Here, petitioner acknowledged that his jobduties included physically restraining persons causing a disturbance in the courtroom. It is [*2]undisputed that petitioner's injuries occurred while he wasstruggling with an unruly prisoner. Under the circumstances herein, substantial evidence supportsthe Comptroller's determination and it will not be disturbed (see Matter of Olivera v New York State & Local Employees' RetirementSys., 82 AD3d 1434, 1434-1435 [2011]; Matter of Silver-Smith v New York State &Local Retirement Sys., 298 AD2d 696, 697 [2002]).
Mercure, A.P.J., Peters, Malone Jr., Kavanagh and McCarthy, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.