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Lehrer v. Safir

272 A.D.2d 136 Court N.Y. App. Div. Decision date 2000-05-11 English

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p. 136
In the Matter of Joseph Lehrer, Respondent, v Howard Safir, as Police Commissioner of the City of New York and as Executive Chair of the Board of Trustees of the Police Pension Fund, Article II, et al., Appellants.
[708 NYS2d 856]

—Order, Supreme Court, New York County (Robert Lippmann, J.), entered February 2, 1999, which granted petitioner’s application pursuant to CPLR article 78 to annul respondents’ determination denying him line-of-duty accident disability retirement benefits, unanimously affirmed, without costs.

p. 137
Petitioner’s slip and fall on a piece of carbon paper is, as a matter of law, the kind of unexpected event necessary to constitute an accident for disability retirement purposes (see, Matter of Starnella v Bratton, 92 NY2d 836 ; Matter of McCambridge v McGuire, 62 NY2d 563 ). Accordingly, the annulment of the determination denying petitioner accident disability retirement benefits should be affirmed. Concur — Sullivan, P. J., Rosenberger, Ellerin, Lerner and Friedman, JJ.

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