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In the Matter of Joseph Lehrer, Respondent, v. Howard Safir, as Police Commissioner of the City of New York and as Executive Chair of the Board of Trustees of the Police Pension Fund, Article II, et al., Appellants

New York Supreme Court, Appellate Division2000-05-11
272 A.D.2d 136708 N.Y.S.2d 856

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Opinion

majority opinion

—Order, Supreme Court, New York County (Robert Lippmann, J.), entered February 2, 1999, which granted petitioner’s application pursuant to CPLR article 78 to annul respondents’ determination denying him line-of-duty accident disability retirement benefits, unanimously affirmed, without costs.

Petitioner’s slip and fall on a piece of carbon paper is, as a matter of law, the kind of unexpected event necessary to constitute an accident for disability retirement purposes (see, Matter of Starnella v Bratton, 92 NY2d 836; Matter of McCambridge v McGuire, 62 NY2d 563). Accordingly, the annulment of the determination denying petitioner accident disability retirement benefits should be affirmed. Concur — Sullivan, P. J., Rosenberger, Ellerin, Lerner and Friedman, JJ.