AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of MARTIN W. DOOLEY, Petitioner, v. H. CARL McCALL, as State Comptroller, Respondent.

Petitioner, a substitute groundskeeper for a public school district, was operating a leaf blower on a grassy area adjacent to a school parking lot when he lost his balance and fell off the parking lot curb. Respondent determined that petitioner did not suffer an "accident" within the meaning of the Retirement and Social Security Law and, accordingly, denied his application for accidental disability retirement benefits. We confirm. An "accident" is a sudden and extraordinary event that does not result from an activity performed in the course of ordinary employment duties ( see, Matter of Talerico v. McCall, 239 A.D.2d 863). Here, it is undisputed that petitioner was performing ordinary employment activities at the time of his fall. In view of this, as well as petitioner's failure to establish that his fall was occasioned by anything other than his own misstep, we find no reason to disturb respondent's finding that petitioner did not suffer an "accident". ( see, Matter of Gallello v. McCall, 247 A.D.2d 693; Matter of Minchak v. McCall, 246 A.D.2d 952).

Mikoll, J. P., Crew III, White, Spain and Carpinello, JJ., concur.

Adjudged that the determination is confirmed, without costs, and petition dismissed.

Use AI to get other relevant cases.

Comments

MATTER OF DOOLEY v. McCALL
(Jul 9, 1998)