IN RE OF FLANNELLY v. BD OF TR., N.Y. POL

Petitioner's trip and fall over a tangle of television and VCR wires in the women's locker room of the police station where she worked, while performing a routine security inspection, was, as a matter of law, a service-related accident entitling her to an accident disability pension. The record shows that the wires were in an unexpected location at the entrance of the locker room, a situation that had been recently created by painters who, unbeknownst to petitioner or anyone else in the police station, had moved the television and VCR and unplugged their wires. As the IAS court stated, the injury-causing circumstances are "strikingly similar" to those held to be accidents as a matter of law inMatter of McCambridge v. McGuire ( 62 N.Y.2d 563) and Matter of Gasparino v. Bratton ( 92 N.Y.2d 836).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.