Matter of Kowal v. DiNapoli

I respectfully dissent. As respondents acknowledge in their brief, and as this Court has previously explained, “[respondent] Comptroller draws a distinction between injuries received by a court officer as the result of an assault and injuries received as the result of an attempt to restrain a disruptive individual while performing the duties of a court officer. According to the Comptroller, the former constitutes a compensable accident, while the latter constitutes a risk inherent in the course of the court officer’s employment” (Matter of Ammann v New York State Comptroller, 13 AD3d 858, 858…