Becker v. Ward

169 A.D.2d 453, 564 N.Y.S.2d 338, 1991 N.Y. App. Div. LEXIS 141

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 10, 1991
• Status: Published

Opinion

Judgment, Supreme Court, New York County (Stanley Sklar, J.), entered on or about August 30, 1989, which dismissed petitioner’s application for an accident disability pension, unanimously affirmed, without costs.

Petitioner, a police officer, injured her ankle in a routine class exercise when she landed off balance. In denying petitioner’s application for accidental disability retirement benefits, it was within respondent’s purview to find that petitioner’s injury was not the result of an unexpected event and was thus not an "accident” within the meaning of the statute. (Matter of Lichtenstein v Board of Trustees, 57 NY2d 1010.) Concur—Sullivan, J. P., Milonas, Rosenberger, Wallach and Smith, JJ.