Bottino v. Murphy

—Judgment, Supreme Court, New York County (Joan Lobis, J.), entered on or about May 18, 1993, which dismissed this CPLR article 78 petition seeking to set aside the determination of respondent Board of Trustees of the New York City Employees’ Retirement System denying petitioner’s application for accident disability retirement, unanimously affirmed, without costs.

The IAS Court properly concluded that the Board’s determination was rationally based. "The nature of the occurrence [that caused the injury] was reasonably within the risk of the work performed and, as such, it cannot be construed as…