Murphy v. Bratton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Petitioner failed to establish entitlement to such benefits by demonstrating that his loss of hearing was the natural and proximate result of a service-related accident, which is a prerequisite to a grant of accident disability pension benefits (Matter of Canfora v Board of Trustees, 60 NY2d 347, 352; Matter of Ortiz v New York City Employees’ Retirement Sys., 173 AD2d 237, lv denied 78 NY2d 864). Petitioner’s participation in firing exercises at the firing range was a part of her routine duties as a police officer and the hearing loss sustained as a result was not the kind of sudden and…
2Cases cited6 opinions
- Lichtenstein v. Board of TrusteesNew York Court of Appeals · 1982
- Canfora v. Board of Trustees of the Police Pension FundNew York Court of Appeals · 1983
- Hambel v. ReganAppellate Division of the Supreme Court of the State of New York · 1991
- Ortiz v. New York City Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1991
- Schussler v. CoddNew York Court of Appeals · 1983
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3Cited by1 opinion
- Hoehl v. KellyAppellate Division of the Supreme Court of the State of New York · 2004