Allen v. McCall

Appellate Division of the Supreme Court of New York

Allen v. McCall

219 A.D.2d 753, 631 N.Y.S.2d 192, 1995 N.Y. App. Div. LEXIS 9152

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 7, 1995

StatusPublished

This text of 219 A.D.2d 753 (Allen v. McCall) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. McCall, 219 A.D.2d 753, 631 N.Y.S.2d 192, 1995 N.Y. App. Div. LEXIS 9152 (N.Y. Ct. App. 1995).

Pincite

Opinion

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 shoulder and neck while apprehending a female suspect who was causing a disturbance at a local health center. According to petitioner and other officers, a struggle ensued between petitioner and the suspect when petitioner attempted to handcuff her which resulted in petitioner falling to the ground and sustaining injury. However, the report of the incident given to both the Workers’ Compensation Board and the orthopedic surgeon who first examined petitioner was that petitioner was injured while lifting a prisoner from the ground. In denying petitioner’s application, respondent chose to credit the latter evidence and concluded that, because these activities were part of the normal and expected duties of a police officer, petitioner was not injured due to an "accident”. On this record, we find that substantial evidence supports respondent’s determination.

Mikoll, J. P., Crew III, White, Yesawich Jr. and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

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 shoulder and neck while apprehending a female suspect who was causing a disturbance at a local health center. According to petitioner and other officers, a struggle ensued between petitioner and the suspect when petitioner attempted to handcuff her which resulted in petitioner falling to the ground and sustaining injury. However, the report of the incident given to both the Workers’ Compensation Board and the orthopedic surgeon who first examined petitioner was that petitioner was injured while lifting a prisoner from the ground. In denying petitioner’s application, respondent chose to credit the latter evidence and concluded that, because these activities were part of the normal and expected duties of a police officer, petitioner was not injured due to an "accident”. On this record, we find that substantial evidence supports respondent’s determination.

Mikoll, J. P., Crew III, White, Yesawich Jr. and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

219 A.D.2d 753, 631 N.Y.S.2d 192, 1995 N.Y. App. Div. LEXIS 9152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-mccall-nyappdiv-1995.