Legal Opinion
Claim of Rykala v. New York State Comptroller
Appellate Division of the Supreme Court of the State of New York
Decided February 9, 2012PublishedCited by 17 opinions
1Opinion of the Court
“For purposes of accidental disability retirement benefits, the underlying accident must be a sudden, fortuitous, out of the ordinary and unexpected event that does not result from an activity undertaken in the performance of regular or routine employment duties” (Matter of Welsh v New York State Comp*1078troller, 67 AD3d 1167, 1168 [2009], lv denied 14 NY3d 706 [2010] [internal quotation marks and citation omitted]). Here, petitioner acknowledged that his job duties included physically-restraining persons causing a disturbance in the courtroom. It is undisputed that petitioner’s injuries occurred…
2Cases cited3 opinions
- Welsh v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2009
- Silver-Smith v. New York State & Local Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2002
- Claim of Olivera v. New York State & Local Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by17 opinions
- Kilbride v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2012
- Carpenter v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2013
- Emerson v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2014
- Carroll v. DinapoliAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Kowal v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
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