Matter of Alessio v. New York City Employees'ret. Sys.

OPINION OF THE COURT

Memorandum.

The order should be affirmed, with costs.

We agree with the Appellate Division that there is no basis for upsetting the determination denying petitioner’s application for accident disability retirement. The restrictive language of Administrative Code of the City of New York § B340.0 permits retirement on accident disability only where the "time, place and conditions” of whatever "resulted] in such disability” can be certified as "city-service”. Here it is not disputed that petitioner’s injury occurred while on the way to work rather than while actually engaged…