IN RE APPLICATION FINAZZO v. SAFIR

Petitioner's line-of-duty report, which contains the version of the accident that respondents urge should be credited, states that petitioner fell in the precinct parking lot after he stepped out of his patrol car and, walking toward the station house, "tripped in a construction hole". As a matter of law, such fall was an accident within the meaning of Administrative Code of the City of New York § 13-252 (see, Matter of Starnella v. Bratton, 92 N.Y.2d 836, 839, citing Matter of McCambridge v. McGuire, 62 N.Y.2d 563).

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