MATTER OF PRATT v. Regan
Cases that cite this one
27 later published cases cite this decision. The 25 that cite it most often are listed here.
- Kelly v. DiNapoli (N.Y. 2018)
- Matter of Compagnone v. DiNapoli (Appellate Division of the Supreme Court of New York 2023)
- Boudreau v. Regan (Appellate Division of the Supreme Court of New York 1987)
- Sullivan v. Regan (Appellate Division of the Supreme Court of New York 1987)
- Ciccone v. Sewell (New York Supreme Court, New York County 2024)
- Matter of Lewis v. New York State Comptroller (Appellate Division of the Supreme Court of New York 2019)
- Matter of Sestito v. DiNapoli (Appellate Division of the Supreme Court of New York 2018)
- Matter of Kelly v. DiNapoli (Appellate Division of the Supreme Court of New York 2016)
- Matter of Bodenmiller v. DiNapoli (Appellate Division of the Supreme Court of New York 2023)
- Matter of Galluccio v. O'Neill (Appellate Division of the Supreme Court of New York 2020)
- Matter of Loia v. DiNapoliI (Appellate Division of the Supreme Court of New York 2018)
- Matter of Cavallo v. DiNapoli (Appellate Division of the Supreme Court of New York 2018)
- Matter of Manning v. DiNapoli (Appellate Division of the Supreme Court of New York 2017)
- Smith v. New York State & Local Retirement System (Appellate Division of the Supreme Court of New York 2013)
- Smith v. New York State & Local Retirement System (Appellate Division of the Supreme Court of New York 2013)
- Sammon v. DiNapoli (Appellate Division of the Supreme Court of New York 2012)
- Sammon v. DiNapoli (Appellate Division of the Supreme Court of New York 2012)
- Stone v. New York State Comptroller (Appellate Division of the Supreme Court of New York 2011)
- Cantone v. McCall (Appellate Division of the Supreme Court of New York 2001)
- Zajdowicz v. New York State & Local Police & Fire Retirement System (Appellate Division of the Supreme Court of New York 1999)
- Balduzzi v. McCall (Appellate Division of the Supreme Court of New York 1995)
- Hallihan v. Ward (Appellate Division of the Supreme Court of New York 1991)
- Ortiz v. New York City Employees' Retirement System (Appellate Division of the Supreme Court of New York 1991)
- Hambel v. Regan (Appellate Division of the Supreme Court of New York 1991)
- Waller v. Kiley (Appellate Division of the Supreme Court of New York 1991)
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
OPINION OF THE COURT
Memorandum.
The judgment of the Appellate Division should be reversed, with costs, the determination annulled, and the matter remitted to the Comptroller for further proceedings in accordance with this memorandum.
Petitioner, a fireman employed by the City of Rochester, was injured while exiting a fire truck at normal speed and wearing approved safety shoes, when he caught his right heel on the running board, lost his balance, and came down on his left leg in a pothole. After a hearing, the Comptroller found that the injury was not accidental within the meaning of Retirement and Social Security Law § 363, the hearing officer expressly considering the principles set forth in Matter of McCambridge v McGuire (62 NY2d 563) and Matter of Lichtenstein v Board of Trustees (57 NY2d 1010).
We conclude that petitioner sustained an accidental injury as a matter of law (Matter of McCambridge v McGuire, supra). Catching a heel on a running board and thus losing balance may be a risk of the work performed, but coming down hard upon the other foot in a pothole is not. Thus, it was a sudden, *748 unexpected event. The Comptroller’s determination should, therefore, be annulled.
Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), judgment reversed, with costs, determination of the Comptroller annulled and matter remitted to Supreme Court, Albany County, with directions to remand to the Comptroller for further proceedings in accordance with the memorandum herein.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.