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MATTER OF BERGLAND v. REGAN

Appellate Division of the Supreme Court of New York, Third Department.
Dec 23, 1993

We reject petitioner's claim that respondent erred in determining that the incident at issue was not an accident within the meaning of Retirement and Social Security Law ยง 605. An injury is not accidental if it is sustained while performing routine duties and not resulting from unexpected events. Here, there is substantial evidence to support respondent's conclusion that petitioner's alleged injury emanated from risks inherent in petitioner's regular duties and that it therefore did not constitute an accident.

Weiss, P.J., Cardona, White, Mahoney and Casey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.