Appellate Division of the Supreme Court of New York, 2012

Claim of Rykala v. New York State Comptroller

Appellate Division of the Supreme Court of New York · Decided February 9, 2012

92 A.D.3d 1077; 937 N.Y.2d 754

Cases that cite this one

14 later published cases cite this decision.

Matter of Kowal v. DiNapoli (Appellate Division of the Supreme Court of New York 2016)
Matter of Sica v. DiNapoli (Appellate Division of the Supreme Court of New York 2016)
Carroll v. Dinapoli (Appellate Division of the Supreme Court of New York 2012)
Carroll v. Dinapoli (Appellate Division of the Supreme Court of New York 2012)
Boncimino v. New York State Comptroller (Appellate Division of the Supreme Court of New York 2015)
Boncimino v. New York State Comptroller (Appellate Division of the Supreme Court of New York 2015)
Emerson v. DiNapoli (Appellate Division of the Supreme Court of New York 2014)
Emerson v. DiNapoli (Appellate Division of the Supreme Court of New York 2014)
Carpenter v. DiNapoli (Appellate Division of the Supreme Court of New York 2013)
Carpenter v. DiNapoli (Appellate Division of the Supreme Court of New York 2013)
Kilbride v. New York State Comptroller (Appellate Division of the Supreme Court of New York 2012)
Kilbride v. New York State Comptroller (Appellate Division of the Supreme Court of New York 2012)
Reynolds v. DiNapoli (Appellate Division of the Supreme Court of New York 2012)
Reynolds v. DiNapoli (Appellate Division of the Supreme Court of New York 2012)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

“For purposes of accidental disability retirement benefits, the underlying accident must be a sudden, fortuitous, out of the ordinary and unexpected event that does not result from an activity undertaken in the performance of regular or routine employment duties” (Matter of Welsh v New York State Comp*1078troller, 67 AD3d 1167, 1168 [2009], lv denied 14 NY3d 706 [2010] [internal quotation marks and citation omitted]). Here, petitioner acknowledged that his job duties included physically-restraining persons causing a disturbance in the courtroom. It is undisputed that petitioner’s injuries occurred while he was struggling with an unruly prisoner. Under the circumstances herein, substantial evidence supports the Comptroller’s determination and it will not be disturbed (see Matter of Olivera v New York State & Local Employees’ Retirement Sys., 82 AD3d 1434, 1434-1435 [2011]; Matter of Silver-Smith v New York State & Local Retirement Sys., 298 AD2d 696, 697 [2002]).

Mercure, A.EJ., Peters, Malone Jr., Kavanagh and McCarthy, 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.