Reynolds v. DiNapoli
Cases that cite this one
4 later published cases cite this decision.
- Matter of Sica v. DiNapoli (Appellate Division of the Supreme Court of New York 2016)
- Matter of Buckley v. DiNapoli (Appellate Division of the Supreme Court of New York 2018)
- 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)
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
We confirm. To establish entitlement to accidental disability retirement benefits, a petitioner must demonstrate that the incident giving rise to the injuries was a sudden mischance unrelated to the ordinary risks of performing his or her job (see Matter of Lenci v DiNapoli, 92 AD3d 1078, 1078 [2012]; Matter of Rykala v New York State Comptroller, 92 AD3d 1077, 1077-1078 [2012]). This Court has repeatedly upheld respondent’s denial of accidental disability retirement benefits when a law enforcement officer sustains an injury in the course of restraining a disruptive individual, as that type of physical contact is inherent in the performance of an officer’s duties (see Matter of Rykala v New York State Comptroller, 92 AD3d at 1077-1078; Matter of Carpiniello v DiNapoli, 88 AD3d 1045, 1046 [2011]; Matter of Welsh v New York State Comptroller, 67 AD3d 1167, 1169 [2009], lv denied 14 NY3d 706 [2010]). Inasmuch as petitioner’s own testimony indicated that he was injured in the course of attempting to subdue an unruly suspect, we find that substantial evidence supports respondent’s determination.
Peters, P.J., Lahtinen, Malone Jr. and Garry, 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.