Suppa v. DiNapoli

We confirm. “Petitioner bears the burden of proving that his injury was accidental, and respondent’s determination will be upheld if supported by substantial evidence” (Matter of Lenci v DiNapoli, 92 AD3d 1078, 1078 [2012]; see Matter of Murphy v New York State Comptroller, 92 AD3d 1022, 1022 [2012]). An *1349accident, under the meaning of the Retirement and Social Security Law, is “a sudden, fortuitous mischance [which is] unexpected [and] out of the ordinary” (Matter of Hulse v DiNapoli, 70 AD3d 1235, 1236 [2010] [internal quotation marks and citations omitted]; accord Matter of Kempkes v…