Geraci v. Hevesi
Opinion of the Court
Spain, J. Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which denied petitioner’s application for accidental disability retirement benefits.
Petitioner, a police officer, injured his left knee while participating in an expandable baton training course. According to petitioner, the injury occurred when his left foot sunk into an exercise mat and his sneaker gripped the mat, thereby causing his left leg to twist as he attempted to move to his right. Petitioner applied for accidental disability retirement benefits and, after his application was initially disapproved, he requested a hearing and redetermination. Following the hearing, the Hearing Officer denied petitioner’s application on the basis that he failed to establish that the incident in question constituted an accident within the meaning of the Retirement and Social Security Law. Respondent accepted the Hearing Officer’s findings and conclusions, and this CPLR article 78 proceeding by petitioner ensued.
We confirm. Upon our review of the record, we cannot
Cardona, P.J., Carpinello, Rose and Kane, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.