Matter of Gakhal v. Kelly

Sweeny, J.R,

dissents in a memorandum as follows: I dissent.

We are faced with a simple question — was there credible evidence that the incident at issue was not an accident? The answer is yes.

Petitioner was learning to ride a scooter as part of her normal police training in a scooter obstacle course. That the scooter accelerated quickly (petitioner cannot remember why) and hit a metal barrier is unfortunate but clearly within the commonsense expectations of what might occur in such a training exercise.

Where, as here, ADR benefits are denied as a consequence of a tie vote by the Board of…