Bates v. New York State Policemen's & Firemen's Retirement System

Petitioner, a police officer in the Village of Port Chester, Westchester County, investigated a car fire in the course of his duties on June 12, 1982. While pushing back a crowd of people as the vehicle that was on fire started to explode, he "slipped on gasoline that was coming from the lower portion of the vehicle”, injuring his back and leg. Thereafter, petitioner’s application for accidental disability retirement was denied. Petitioner’s CPLR article 78 proceeding to review this determination was transferred to this court by Special Term.

Following the decision of the Court of Appeals in…