Matter of Kelly v. DiNapoli

We respectfully dissent, as we find that the circumstances of petitioner’s injury were of an extraordinary, urgent, and wholly unanticipated nature, and the resulting risks to him were beyond the scope of his anticipated duties, even given the potentially dangerous nature of his work as a police officer. Petitioner’s injuries resulted from circumstances that were “unusual, unexpected and not a risk inherent in the ordinary performance of [his] regular duties” (Matter of Leuenberger v McCall, 235 AD2d 906, 907 [1997]; see Matter of Pratt v Regan, 68 NY2d 746, 747-748 [1986]). He was providing…