Berbenich v. Regan

Kane, J. (dissenting). The respondent Comptroller specifically found that petitioner is incapacitated as the result of a March 1, 1976 incident in which he unintentionally pulled the trigger of his service revolver. Nevertheless, his application for accidental disability retirement benefits has been denied on the ground petitioner was performing the reasonable, expected and foreseeable duties required of him as a police officer. Citing Matter of Hill v Levitt (67 AD2d 1071), Matter of Deos v Levitt (62 AD2d 1121) and Matter of Chayut v Levitt (53 AD 2d 322), respondent concluded that injuries…